
Class A- l^ ^''"O /U 
Book 






/ 






INDIANA 




SCHOOL LAWS 

Enacted by the General Assemblies of 1913 and I91S 



Arranged by the State Department 
of Public Instruction 



Chas. a. Greathouse 

State Snperinteiideiit 



FORT WAYNE 
Fort Watnh Printing Oo., Contbactohs fob Statu Pbintinq an© Binding 

1916 



INDIANA 



3 (-3. 



SCHOOL LAWS ^^^ 

Enacted by the General Assemblies of 1913 and 1915 



ARRANGED BY THE STATE DEPARTMENT 
OF PUBLIC INSTRUCTION 



CHAS. A. GREATHOUSE 

State Superintendent 



FORT WAYNE 
Fort Wayne Printing Co., Contractors for State Printing and Binding 

1916 






INDIANA. 



School Laws Enacted by the General Assemblies 
of 1913 and 1915. 



This pamphlet, containing those school laws passed by the 
General Assemblies of 1913 and 1915 that are of general interest, 
is issued in the hope that it may be valuable and convenient to 
the school officials of the State. 

CHAS. A. GREATHOUSE, 
Superintendent of Public Instruction. 



of D. 



MNV 8 '9'^ 



(2) 



w 



TABLE OF CONTENTS. 



Township Trustees. page 

Estimate of expenditures, townships classified 7 

Official bond 9 

Legal notices, where published 10 

Transfer of funds, advisory boards . 10 

Emergency expenditures, called meeting Advisory Board 10 

Emergency expenditures, meeting of Advisory Board 12 

Townships. 

Transfer of property by civil townships 14 

Legalizing township debts, authorizing bonds 15 

School Funds — Mortgages. 

Renewal of school fund mortgages, duties of Auditor. 16 

Loan on mineral land, duties of Auditor 17 

Mortgages on lands, Clerk of Court, satisfaction of judgments 18 

Title to lands. Auditor's deed to quiet 18 

Funds not called for, disposition of 19 

Wills, public bequests, exempt from taxation 19 

Guardian and ward, duties, reports 19 

County Superintendents. 

Extension of term 20 

Additional salary 21 

Public playgrounds and public baths in cities, how established 21 

School cities of the first class. 

Art associations. School Board, payments to maintain 23 

Right to issue bonds 26 

School cities of the second class. 

Public playgrounds 27 

Government of Schools 28 

School cities of the fifth class: 

Charge of Public Library 31 

Abandoned school property, parks. 32 

School cities and school towns: 

Trustees elected, terms 33 

Bonds legalized 35 

School buildings. School Trustees may issue evidences of indebted- 
ness 35 

Refunding '. 36 

Annexation of school territory, liability of debts 38 

Old school buildings, tearing down 39 

School towns, election of school trustee 41 

School town corporation dissolved 42 

Conveyance of property 42 

Township control 43 

(3) 



Legalizing Acts: page 

New Albany, school city, acts legalized 44 

French Lick, acts of school board legalized 45 

Swayzee, acts of school board legalized 46 

Transfer of pupils, tuition 4^ 

Transportation of pupils, payment of expenses 48 

Sanitary School Building Law: 

Site and building requirements 49 

Temperature, uneleanliness, teachers, penalties 52 

Hygiene and sanitary science, printed data 53 

School officers, powers 53 

Penalty as to officers 54 

School buildings used for public gatherings 54 

Buildings and grounds for high schools, county commissioners authorized 

to accept 55 

Joint schools: 

City and township, joint graded school 56 

Joint high schools, control 58 

Joint township high schools 59 

Township high schools, how established 59 

State High School Inspector, State Superintendent to appoint 60 

High schools, term continued 61 

Text books: 

Uniform text books for high schools 61 

Text books, bids called for 62 

County Superintendent may appoint township trustee or board of 
school trustees as depository merchants 64 

Depository Merchants, Township Trustees or Board of School Trustees . 64 

Compulsory attendance of children: 

Compulsory attendance 65 

Age limit, employment 66 

Attendance officer, duties 67 

Attendance officer, how appointed 68 

Number of attendance officers 69 

Per diem 69 

Record of attendance 70 

State Board of Truancy 70 

Assistance furnished 70 

Separate schools for ineorrigibles 71 

Confirmed truant 71 

Expenses, special levy 72 

Duties of enumerators 72 

Information for attendance officer 72 

Penalty 73 

Vocational education: 

Establishment of schools 74 

Classes, how divided 75 

Co-operative schools 75 

Studies, how outlined 75 

State Board of education, duties 76 



Vocational education — Continued: page 

State Board, members of 76 

Appointments, how made 77 

Advisory committee 78 

Admission to schools, to whom made 78 

Compulsory attendance 79 

County agent, petition 79 

Cities and towns, reimbursed 80 

State maintenance 81 

Claims for reimbursement 81 

Annual levy 81 

Salaries and expenses 82 

Vocational schools, cities of the first class 82 

Agricultural and domestic science school, petition for 85 

Extermination of rats 87 

Teaching hygiene in schools 87 

Compulsory fire drill 90 

Teachers required to have one fire driU each month 90 

Township and city institutes, attendance. 90 

Teachers : 

Minimum wages 91 

Qualifications of teachers 92 

Examination in special subjects 93 

Teacher's licenses: 

Examination for 94 

Examination studies 95 

State Board of Education, fixing averages 96 

Temporary teaching permits 97 

Professional license, eight year term 97 

Exemption from examination 97 

Previous exemptions in force 98 

Schedule of success items 98 

Grade of success, who determines 98 

Unfair grading 99 

Records of Couty Superintendent 99 

Report of State Superintendent 99 

Fees on hand. State Treasury 100 

Teachers' pension fund, cities of the first class : 

Control, assessment, levy 100 

Fixing pensions 102 

Teachers' pension fund, Terre Haute 103 

Teachers' pension fund, cities 20,000 to 100,000 110 

Teachers' pension (State Teachers' Retirement Fund Law) : 

Fund created 117 

Fund consists of 117 

Board of trustees, control 118 

Organization of Board 1 19 

State divided, units j jc) 

Units petition 120 

Acceptance of act ....... . 120 



6 

Teachers' pension — Continued: page 

State institutions, educational, acceptance of act. . . . : 121 

Duties of Trustees 122 

Fund in control of Board 123 

State Treasurer, custodian of funds 124 

Applications for pension 124 

Teacher's assessed 124 

Payment of arrearages 125 

Record of units and teachers 126 

Investment of funds, cash on hand 127 

Amount of pensions 128 

Computing years of service 129 

Attachment, pensions exempt 130 

Teachers eligible to pension. 130 

Pensions withdrawn 131 

Subsequent applications 131 

Tuberculosis, contagious, duties of physicians 131 

Benevolent institution fund, levy 134 

State debt sinking fund, levy 134 

Educational institution fund levy 135 

Unexpended balance 136 

Purdue University, Government grant 137 

State Institutions: 

Purchase supplies from Blind School 137 

Indiana Soldiers' and Sailors' Orphans' Home, Admission to. . . 138 

Soldiers and Sailors, enumeration of 139 

Arbor Day, fixing date, proclamation - 140 

School exercises 141 

Legal holidays 141 

State song 141 

State flower 142 

Teacher's Contract (Form for Township teachers) 143 

Teacher's Contract (Form for City teachers) 144 



SCHOOL LAWS OF 1913 AND 1915 



[p. 131, Acts 1915.] 

Township Trustees — Estimate of Expenditures — Townships 
Classified. 

Section 1. Be it enacted hy the general assembly of the State of 
Indiana, That section one (1) of the above entitled act be amended 
to read as follows : Section 1. That section four (4) of the above 
entitled act, be amended to read as follows: Section 4. The 
trustee shall attend all of the meetings of the advisory board, and 
at the annual meeting thereof, after the board shall have organized, 
he shall present a detailed and itemized statement in writing of his 
estimated expenditures for which appropriations are asked, speci- 
fying the number of teachers necessarily employed, their salaries 
respectively, the number of days deemed necessary for the dis- 
charge of the duties of his office, and the days of the week or month 
when they can be most advantageously performed, the extent of 
needed bridge and highway repairs, an accurate, itemized list of 
all the property and supplies on hand, whether in use or in store, 
for road, school and other purposes and estimated value thereof, 
the items of school supplies necessary for each school, the condi- 
tion of pauperism in the township, including the names of such 
persons as have received public aid, since the taking effect of this 
act, and since the last annual meeting of the board, with the re- 
spective amount received by each person. And also the items, 
severally, to be charged against the township funds, including 
salaries, clerk hire when same is necesssary, stationery, printing and 
records, and supplies to be furnished to the justices of the town- 
ship, the trustee's compensation, and his actual expense to be in- 
curred in the transacting of township business, and his office rent, 
where an office is authorized by such advisory board, and any other 
items of expense payable from said fund; and he shall submit to 
such inquiries concerning the expenditures of his office as the 
board, or the taxpayers present, may deem proper to make. 
The advisory board shall have full power to require any estimate, 
not sufficiently itemized, to be so itemized by the trustee, and to 
appropriate for any purpose a sum not greater than that esti- 

(7) 



8 

mated in the item therefor, except by the unanimous vote of the 
board, and not otherwise, an appropriation may be made for an 
item not contained in any estimate, or for a greater amount than 
that named in any item of an estimate : Provided, further, That 
all items of expense herein enumerated shall be paid from the 
proper funds of the township: and Provided, That in townships 
containing a population of less than 5,000 inhabitants, no clerk 
hire shall be allowed or paid; that in such townships the advisory 
board may authorize the trustee to pay as office rent a sum not to 
exceed $60.00 per annum, and such trustee may, if authorized by 
the board, keep his office in his residence or his own property, and 
pay to himself the rent therefor; that in such townships, the ad- 
visory board may authorize the trustee to pay his actual expenses 
in transacting his official business, including stationery, printing 
and records, and may authorize the trustee to use his own prop- 
erty, as means of conveyance in transacting such business, but the 
total expenses to be so allowed and paid, other than office rent, 
shall not exceed $100.00 per year in such townships; that in town- 
ships containing a population of 5,000 and less than 10,000 inhabi- 
tants, the advisory board may authorize the trustee to pay, if the 
board deems necessary and proper, for clerk hire a sum not to ex- 
ceed $100.00 per year; for office rent a sum not to exceed $90.00 
per year; for actual expenses in transacting the business of the 
office, including stationery, printing and records, and may author- 
ize the trustee to use his own property as means of conveyance in 
transacting such business, but the total expenses to be so allowed 
and paid, other than office rent, shall not exceed $200.00 per year; 
and Provided, That in townships containing 10,000 and less than 
15,000 inhabitants, the advisory board may authorize the trustee 
to pay, if the board deems necessary and proper, for clerk hire a 
sum not to exceed $250.00 per year; for office rent a sum not to ex- 
ceed $120.00 per year; for actual expenses in transacting the busi- 
ness of the office, including stationery, printing and records, a 
sum not to exceed $250.00 per year: and Provided, That in town- 
ships containing 15,000 and less than 20,000 inhabitants, the 
advisory board may authorize the trustee to pay, if the board 
deems necessary and proper, for clerk hire a sum not to exceed 
$450.00 per year; for office rent a sum not to exceed $120.00 per 
year; for actual expenses in transacting the business of the office, 
including stationery, printing and records, a sum not to exceed 
$300.00 per year: and Provided, That in townships containing 
20,000 and less than 30,000 inhabitants, the advisory board may 



authorize the trustee to pay, if the board deems necessary and 
proper, for clerk hire a sum not to exceed $600.00 per year; for 
office rent a sum not to exceed $180.00 per year; for actual ex- 
penses in transacting the business of the office, including stationery, 
printing and records, a sum not to exceed $350 per year: and Pro- 
vided, That in townships containing 30,000 and less than 40,000 
inhabitants, the advisory board may authorize the trustee to 
pay, if the board deems necessary and proper, for clerk hire a 
sum not to exceed $900.00 per year; for office rent a sum not to 
exceed $240.00 per year; for actual expenses in transacting the 
business of the office, including stationery, printing and records, 
a sum not to exceed $500.00 per year: and Provided, That in town- 
ships containing 40,000 and less than 100,000 inhabitants, the ad- 
visory board may authorize the trustee to pay, if the board deems 
necessary and proper, for clerk hire a sum not to exceed $1,200.00 
per year; for office rent a sum not to exceed $300.00 per year; for 
actual expenses in transacting the business of the office, including 
stationery, printing and records, a sum not to exceed $600.00 per 
year; the inhabitants of all such townships to be determined by 
the last preceding United States census. All appropriations for 
clerk hire, for office rent, and for actual expenses in transacting 
the business of the office of trustee, shall be made at the annual 
September meeting and at no other time. In any case, before the 
trustee shall draw his warrant for any money to be paid out by 
reason of the items of expense, including clerk hire and office rent, 
authorized by this act, he shall require to be filed with him, as 
trustee, an itemized voucher of such expense, clerk hire or office 
rent, properly subscribed and sworn to. 

No trustee shall have credit for any money paid by him, ex- 
cept he shall show a receipt therefor for each item thereof from the 
person to whom such payment was made. 

Sec. 2. This act shall in no way affect any pending litigation. 

[p. 126, Acts 1915.] 
Township Trustee — Offical Bond. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That before entering upon the duties of his office the 
trustee of every township shall execute a bond conditioned as in 
ordinary official bonds in a penal sum of not less than the amount 
of money which may come into his hands at any one time as trustee 
of the civil township and of the school township to the acceptance 



10 

of the county auditor. Such bond may be executed by a surety 
company or by two or more freehold sureties to be approved by 
the county auditor. 

Legal Notices — Where Published. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That in all cases where now, in township or county 
business, the law provides for the publication of legal notices in a 
weekly newspaper, it shall be lawful hereafter to make such pub- 
lications in either a daily or weekly newspaper. (R. S. 1914, 
§ 1346a.) 

Repeal. 

Sec. 2. All laws or parts of laws inconsistent with this act, 
are hereby repealed. 

Township Trustee — Advisory Boards — Transfer of Funds. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That if it appears to the advisory board of any town- 
ship in the State of Indiana, at the next annual September meet- 
ing of such board, that there is a surplus of the road funds of such 
township that will not be needed for road purposes then such ad- 
visory board may, by a unanimous vote, pass a resolution and 
spread the same upon the minutes of such board, directing the 
trustee of such township to transfer all or any specified portion of 
such surplus road fund, to the special school fund of such town- 
ship, and when any such advisory board shall make any such or- 
der it shall be the duty of the trustee to transfer said fund in com- 
pHance to such order, which fund so transferred shall become a 
part of the special school fund of such township and be used for 
special school purposes, (p. 551, Acts 1913.) 

Township — Emergency Expenditures — Called Meeting Ad- 
visory Board. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That section one of the above entitled act be amended 
to read as follows: Section 1. That section six be amended to 
read as follows: Section 6. Upon a special call of the township 
trustee, or the chairman of the advisory board or a majority of 
the members of said board, given in writing to each member 
thereof, stating the time, place and purpose of the meeting, 



11 

said board may, if a quorum be present, by consent of a 
majority of all the members present, determine whether an 
emergency exists for the expenditure of any sums not included 
in the existing estimates and levy. In the event that such 
an emergency is found to exist said board may authorize by 
special order entered and signed upon the record, the trustee 
to borrow a sum of money to be named sufficient to meet 
such emergency; and at the next annual session of the board 
a levy shall be made to the credit of the fund for which such 
expenditure is made to cover and pay the debt so created: 
Provided, however, That if at any annual or special meeting of said 
board it shall be found indispensably necessary to provide for 
the construction of a school building, the cost of which building 
or the proportionate cost thereof if the same be a joint graded 
high school building will be in excess of the sum available therefor 
out of any annual levy, then in that event, such board may 
authorize such trustee to issue township warrants or bonds to pay 
for such building, or the proportionate cost thereof, such warrants 
or bonds to run for a period of not exceeding fifteen (15) years; 
and to bear not exceeding six per centum per annum, and to be 
sold for not less than par; the township trustee, before issuing 
such warrants or bonds, shall advertise that bonds are to be sold 
in not less than one issue a week for three weeks, in one paper of 
general circulation in the county and one paper of general cir- 
culation in the state capital, setting forth the amount of bonds 
offered, the denomination, the period to run, rate of interest and 
the date, place and hour of selling. The township advisory board 
shall attend the sale of bonds and shall concur therein before such 
bonds are sold. The board shall annually levy sufficient taxes to 
pay at least one-fifteenth of such warrants or bonds, with inter- 
est, each year, and the trustee shall apply such annual tax to the 
payment of such warrants or bonds each year. In no event shall 
a debt of the township be created except by the advisory board of 
such township, and in the manner herein specified, and any pay- 
ment of any debt not so authorized from the public funds of such 
township shall be recoverable upon the bond of the trustee in a 
suit, which it is hereby made the duty of said board to institute and 
prosecute in the name of the state, for the use of said township. 
And said board is hereby empowered to appropriate, and the town- 
ship trustee shall pay out of the township funds a reasonable sum 
for attorney's fees for such purpos'^. And if the board, on the 
written demand of any taxpayer, fails for thirty (30) days to 



12 

bring suit, then such or any other taxpayer may bring the same, 
in the name of the state, for the use of the township : Provided, 
however, Nothing contained herein shall affect any pending litiga- 
tion. (R. S.'l914, §9595.) 

The original of this section was amended in 1901, Acts 1901, p. 415, and 
such amended section was amended in 1909, Acts 1909, p. 208. 

At the session of 1913, Acts 1913, p. 487, an act was passed amending the 
section as amended in 1901, such act being approved March 10, 1913, but 
at such time the amended section above set forth was in force, the same be- 
ing approved March 6, 1913, and has an emergency clause. The act of 
March 10, 1913, makes no reference to the act of March 6, 1913, and the 
March 10th act is regarded as invalid and is omitted. The two acts seem to 
be dupUcates of each other. 

Acts of township trustees in borrowing money to erect school buildings 
legalized. Acts 1911, pp. 27, 350. 

Bonds issued by township trustees for school purposes legalized, Acts 
1911, p. 613. 

Warrants and certificates of indebtedness issued by township trustees 
legalized and provisions made for the payment thereof. Acts 1911, pp. 141, 
694. 

An advisory board may authorize a township trustee, at a special meet- 
ing to borrow money to build a schoolhouse. Lincoln Tp. v. Union Trust 
Co., 36 App. 113, 73 N.E. Rep. 623, 74 N.B. Rep. 272. 

Before an advisory board can authorize a township trustee to borrow 
money, the board must find and enter of record that an emergency exists for 
such money, and a debt incurred for money loaned without such finding and 
record cannot be enforced. First Nat. Bank v. Van Buren School Tp., 47 
App. 79, 93 N.E. Rep. 863, Pipe Creek School Tp. v. Hawkins, 97 N.E. Rep. 
936. 

At a special meeting of an advisory board the subject of whether an 
emergency exists for the expenditure money cannot be considered except by 
consent of all the members of the board, but two members of the board may 
declare that an emergency does exist. Kirkpatrick v. Van Cleave, 44 App. 
629, 89 N. E. Rep. 913. 

When school oificers have taken the necessary steps to locate and build a 
joint schoolhouse, an advisory board may be compelled by mandate to 
authorize a township trustee to borrow money to aid in erecting such house. 
Advisory Board v. State, 170 Ind. 439, 85 N.E. Rep. 18. 

Township Trustee — Meeting of Advisory Board — Emer- 
gency Expenditures. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That section one (1) of the above entitled act be amended 
to read as follows: Section 1. Upon the special call of the town- 
ship trustee, or the chairman of the advisory board, or of a ma- 
jority of the members of a township advisory board, given in 
writing to the several members of such board, and the township 



13 

trustee, stating the time, purpose and place of the meeting, said 
board may, if a quorum be present, by the consent and action of a 
majority of all members of the board present, determine the neces- 
sity and whether an emergency exists for the expenditure of any 
sum or sums not included in the existing estimates and levy. 
In the event that such emergency exists, the board may authorize 
by special order entered and signed upon record, the trustee to 
borrow a sum or sums not included in the existing estimates and 
levy to meet the demands for any road machinery, road dredge, 
bridges, dredge or dredges, or township machinery for hoisting 
road materials, or other township business; and at the next an- 
nual session of the board a levy shall be made, the same to be 
credited to the fund for which such expenditure is made to cover 
the debt so created: Provided, however, That if at the annual or 
special meeting of said board it shall be found indispensably neces- 
sary to provide for the construction of a school building, purchase 
of any road machinery, road dredge, bridges, dredge or dredges 
or township machinery for hoisting road materials, or other town- 
ship business, the cost of which necessity exists, or the proportion- 
ate cost thereof will be in excess of the sum or sums available there- 
for out of the funds of the annual levy, then and in that event, such 
advisory board may authorize the trustee of such township to is- 
sue township warrants or bonds to pay for such debts so created, 
and if the same be for a joint graded high school building the 
township warrants shall be only for the proportional part or 
share of the debt for which the township shall be liable; the said 
township warrants or bonds to run for a period of not exceeding 
ten (10) years, and they shall bear interest at a rate not exceed- 
ing six per centum per annum, which bonds or township warrants 
shall be sold by the trustee, with the assent of the advisory board 
of the said township, for not less than par, and such advisory board 
shall annually levy sufficient taxes to pay at least one-tenth of such 
township warrants or bonds, with the annual interest thereon; 
the trustee of such township shall apply the annual tax levy col- 
lected each year from such levy on the township warrants bonds 
and the interest thereon. In no event shall a debt of the township 
be created except by the advisory board of such township, and in 
the manner herein specified, and any payment of any debt hot so 
authorized from the public township funds by a trustee shall be 
recoverable upon the bond of the trustee, in a suit, which it is 
hereby made the duty of the advisory board of such township, to 
institute and prosecute in the name of the state, for the use of the 



14 

said township. And said board is hereby empowered to ap- 
propriate, and the township trustee shall pay out of the township 
funds, a reasonable attorney's fee for such purpose. And if the 
said advisory board on the written demand of any taxpayer, fails 
for thirty (30) days to bring suit, then such taxpayer or any other 
taxpayer of the said township may bring the action in the name 
of the state for the use of the said township: Provided, houjever, 
That nothing in this act shall affect any pending litigation. 

Repeal. 

Sec. 2. All laws and parts of laws in conflict with any of the 
provisions of this act are hereby repealed, (p. 487, Acts 1913.) 

[p. 135, Acts 1915.] 

Schools — Transfer of Property by Civil Townships. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That any building or other property belonging to any 
civil township in this state may be conveyed to the correspond- 
ing school township in the manner prescribed in this act. 

Transfer Upon Petition. 

Sec. 2. In order to effect the transfer or conveyance of any 
building or other property from any civil township to the corres- 
ponding school township, a petition may be filed with the board of 
commissioners of the county in which such civil township is 
situated, asking for the conveyance or transfer of such building, 
or other property, the nature of the building or other property to 
be conveyed or transferred, and the reasons for desiring to effect 
such conveyance or transfer. The petition shall be signed by a 
majority of the legal voters resident within such civil township and 
shall be filed in the office of the county auditor. At the time of fil- 
ing such petition the petitioners shall give a bond with good and 
sufficient freehold sureties, payable to the state, to be approved by 
the board of commissioners, conditioned to pay all expenses in the 
event the board of commissioners shall fail to authorize the pro- 
posed conveyance or transfer. Immediately after such petition 
shall have been filed the county auditor shall give notice of the 
filing of such petition by causing publication: to be made once a 
week for two (2) consecutive weeks in one newspaper printed and 
published in the county and of general circulation in the county in 



15 

which such civil township is situated. The board of commissioners 
shall hear the petition at their next regular term, and on the day- 
designated in the notice and shall determine all matters pertain- 
ing thereto, and if such board shall be satisfied as to the propriety 
of granting the prayer of the petitioners, they shall so find and 
thereupon the trustee of such civil township shall convey such 
building or other property belonging to such civil township to such 
corresponding school township and such school township shall 
thereafter hold, control and manage such building or other prop- 
erty. All expenses incurred in the conveyance of such property, 
if such conveyance be authorized, shall be paid out of the general 
funds of such civil township. 

[p. 114, Acts 1915.] :"' 

Schools — Legalizing Township Debts — Authorizing Bonds. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That whenever, since the enactment of an act entitled 
"An act concerning township business," approved February 27, 
1899, Burns' Revised Statutes 1914, section 9590 et seq., and prior 
to November 1, 1914, that in all townships of this state having a 
population of less than 1,430 and more than 1,420 as shown by the 
last preceding United States census, any township advisory board 
of any such school township within the State of Indiana, when con- 
vened in annual or special session, the calling of which session be- 
ing regular or irregular, at which a quorum of all the members of 
such advisory board was present and acting, such advisory board 
by the consent and vote of such quorum having neglected to find 
that an emergency and necessity existed for the construction of a 
new school building, or an addition to a then existing school build- 
ing in said township, and did at such meeting or meetings, duly 
authorize the construction of certain school buildings or additions 
and repairs to then existing school buildings in such school town- 
ship, but then and there neglecting and failing to appropriate the 
necessary funds to pay for said improvements before the under- 
taking or completion of such improvements so authorized by a 
majority of such board, and wherein the trustee of said township 
was then and there directed to advertise for bids and let con- 
tracts therefor, but by reason of oversight or neglect such finding, 
consent, vote and authority was not entered of record and signed, 
but said trustee, in pursuance of such consent, vote and authority, 
and in good faith, did have plans and specifications prepared for 



16 

said school buildings or additions to then existing school build- 
ings, and did then and there give the legal notice for bids therefor, 
and did then and there receive bids for such improvements, and 
did then and there award said contract or contracts to the lowest 
and best bidder therefor and did enter into a proper contract in 
writing with the successful bidder and the said bidder giving 
statutory bond for the faithful performance of the work under the 
said improvements, which said improvements were duly entered 
into, made and completed and afterwards duly accepted by the 
proper officials of said school township, all of said proceedings be- 
ing by the township officers and the contractor entered into, done 
and executed in good faith, then in all such cases the contractual 
rights so performed and indebtedness so incurred, shall be and 
are hereby legalized, validated and made the legal obligations of 
said school township in which such action is taken and such school 
buildings or additions to then existing school buildings were then 
and there constructed, erected or repaired, and authority is hereby 
given and made for the payment for said new school buildings or 
additions to then existing school buildings, or repairs to the same, 
by the issuing of township warrants or bonds therefor, as if such 
finding, consent, appropriation, vote and action had been duly 
made, given and taken and such records made and signed in 
strict accordance with said act approved February 27, 1899, and 
any and all amendments and additions thereof and thereto, and 
any and all amendments of any section thereof, and taxes shall be 
duly levied in said township to raise money to pay off such obliga- 
tion or obligations, to be hereafter determined, according to the 
terms thereof: Provided, That nothing in this act shall affect any 
pending litigation in any of the courts of the State of Indiana. 

Schools — Renewal of School Fund Mortgages — Duties of 
Auditor. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That all mortgagors of the common school, congressional 
school and permanent endowment funds, held in trust by their 
respective counties wherein such mortgage exists, shall, at the ex- 
piration of five (5) years from the date of the original loan, be re- 
quired to give notice to the said auditor of said county that they 
desire to continue such loan. That upon the receipt of such notice 
the auditor shall notify the appraisers of the district wherein such 
mortgaged prepaises are located, who shall proceed to view and ap- 
praise such mortgaged premises, and shall upon oath fix the ac- 



17 

tual cash value thereon, without regard to the amount of the pres- 
ent existing loan. If the said mortgaged premises are reappraised 
at an amount equal to double the amount of the loan, it shall be so 
recorded by said auditor, which said procedure shall be sufficient 
for a further continuation of such mortgaged school loan for the 
period of five (5) years from the expiration of the said original loan: 
Provided, however, That if the second appraisement, made for the 
purpose of said continuation, be not sufficient, and is less than 
double the amount of the original loan, such mortgagor shall pay 
into the treasury a sufficient sum to reduce said loan to one-half 
of said appraisement. The cost for said renewal shall be fifty 
(50) cents each to the appraisers, and fifty (50) cents to said 
auditor for recording said continuation. 

Repeal. 

Sec. 2. All laws or parts of laws in conflict with this act are 
hereby repealed, (p. 943, Acts 1913.) 

County Auditors — School Funds — Loan on Mineral Land. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That where coal or other minerals underlie the surface of 
real estate, that the auditor of the county where said real estate is 
situated is hereby authorized to loan the principal of all moneys 
belonging to the school fund to an amount not to exceed fifty per 
cent, of the surface value of said real estate, secured by a mort- 
gage, and said loan to be made in all other respects as now pro- 
vided by law. (R. S. 1914, §6232a.) 

[p. 76, Acts 1915.] 
Preamble. 

Whereas, Divers laws appear among the acts of the general as- 
semblies of this state relative to the loaning of congressional town- 
ship school funds, originating under the act entitled, "An act to 
authorize the sale of the school lands and for other purposes," 
approved January 23, 1829, which provided for the loaning of the 
said funds by the school commissioner to be elected in each coun- 
ty, and later such congressional township school funds, by local or 
special acts, were authorized to be made by the congressional 
township treasurer, congressional township trustees and the coun- 
ty treasurer acting as school commissioner, until the abolishment 
of such office provided for in an act entitled, "An act to increase 

2—4343 



18 

and extend the benefits of common schools," approved January 
17, 1849; and 

Whereas, Such loans were made by mortgage upon lands or lots 
situate within the county for which such school commissioner was 
elected, and provided for a forfeiture of such mortgaged lands or 
lots in the case that the interest was not paid in advance by pro- 
ceedings in the circuit court of such county; all of such proceed- 
ings appear of record on the dockets of the clerk of such circuit 
court; and 

Whereas, Many congressional township fund mortgages ap- 
pear unsatisfied during the period between January 23, 1829, and 
January 17, 1849, affecting the titles of the present innocent hold- 
ers, for which they should have relief, for remedy whereof: 

Schools — Mortgages on Lands — -Clerk of Court — Satisfac- 
tion of Judgments. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That the certificate of the clerk of the circuit court having 
jurisdiction over the lands or lots where such unsatisfied mortgage 
appears, that he has examined the judgment dockets for the period 
covered from the date of such loan to November 1, 1851, the date 
of adoption of the second constitution of the State of Indiana and 
that there being no forfeiture of the land or lot so mortgaged, shall, 
when recorded on the page of such recorded mortgage be deemed a 
full satisfaction of same. 

[p. 31, Acts 1915.] 
Title to Lands^Auditor's Deed to Quiet. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That whenever it shall be made to appear by proof 
to the satisfaction of any county auditor of any county in this 
state that, by reason of the destruction of any of the public records 
of such county by fire, there is a defect in or a break in the chain 
of the title of the owner of any lands in school sections lying wholly 
or partially within such county, then such county auditor be and 
is hereby authorized to execute to the owner of such lands a quit 
claim deed correcting and perfecting the title of such owner to 
such land in so far as such title is rendered defective and im- 
perfect by reason of the destruction of such records by fire. Such 
owner shall pay all the necessary expenses incident to the execu- 
tion of such deeds. 



19 

County Coroners — Funds Not Called For — Disposition. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That section twelve of said act be and the same is hereby 
amended to read as follows: Section 12. It shall be the duty of 
the treasurer if the money aforesaid shall not be called for within 
one year from the time of receiving the same, to place said sum of 
money to the credit of the common school fund principal, and 
where there is any money now heretofore loaned by the county 
treasurer on account of the provisions of this act, then said money, 
principal and interest shall become a part of the common school 
fund of the state as soon as practicable. (R. S. 1914, §9444.) 

When the property found on the body is not claimed, it becomes the 
property of the school fund of the county. State v. Board, 85 Ind. 489. 

Wills — Public Bequests — Exempt from Taxation. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That when any money or property is given by will, or 
otherwise, to any executor or other trustee to be by him used and 
applied for the use and benefit of any municipal, educational, 
literary, scientific, religious or charitable purpose within the State 
of Indiana, and the money or property, if it had been given direct- 
ly for any such purpose, would not be subject to taxation under 
existing laws, then and in all such cases, such money or property 
shall be exempt from all taxation while in the hands of such 
executor or other trustee : Provided, He shall be diligently and in 
good faith endeavoring to carry out the provisions of the will or 
other trust arrangement, and to use and apply such money or 
property to the purpose for which the same is donated. And in all 
such cases where any money or property has been assessed for 
taxation to any executor or trustee for the tax year 1912, the taxes 
thereon for such year are hereby declared to be void and shall not 
be collected, and for such year and all subsequent years such 
money or property shall be deemed to have been and be exempt 
from all taxation. (R. S. 1914, §10151a.) 

[p. 34, Acts 1915.] 
Guardian and Ward — Duties — Reports. 

■ Section 1. Be it enacted by the general assernbly of the State of 
Indiana, That section nine (9) of an act entitled "An act touching 
the relation of guardian and ward," approved June 9, 1852, and 
being chapter twelve (12) of the revised statutes of 1852, of the 



20 

State of Indiana, be and the same is amended to read as follows: 
Section 9. It shall be the duty of every guardian of any minor: 
First. To make out and file within three (3) months after his ap- 
pointment, a full inventory, verified by oath, of the real and per- 
sonal estate of his ward, with the value of the same, and the value 
of the yearly rent of the real estate; and failing so to do, it shall 
be the duty of the proper court to remove him, and appoint a suc- 
cessor. Second. To manage the estate for the best interest of his 
ward. Third. To render on oath to the proper court an account 
of his receipts and expenditures as such guardian, verified by 
vouchers or proof at least once in every two years; and failing so 
to do, unless he show reasonable cause or excuse for his failure to 
file such report to the satisfaction of the proper court such guardian 
shall receive no allowance for services, and be liable to his said 
ward on his bond for damages on the whole amount of estate, both 
real and personal, in his hands belonging to such ward, to the 
amount of the actual loss occasioned by the failure of said guardian 
to file said report. Fourth. At the expiration of his trust, fully to 
account for and pay over to the proper person, all of the estate of 
said ward remaining in his hands. Fifth. To pay all just debts 
due from such ward, out of the estate in his hands, and collect all 
debts due such ward; and in case of doubtful debts, to compound 
the same, and appear for and defend, or cause to be defended, all 
suits against such ward. Sixth. When any ward has no father or 
mother, or such father or mother is unable, or fails to educate such 
ward, it shall be the duty of his guardian to provide for him such 
education as the amount of his estate may justify. 

County Superintendents — Extension of Term. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That section one (1) of the above entitled act be amended 
to read as follows: Section 1. The township trustees of each coun- 
ty of this state shall meeet at the office of the auditor of their 
county on the first Monday in June, 1917, at 10 o'clock a. m., and 
every four years thereafter, and elect by ballot a county superin- 
tendent for their county. Such county superintendent shall enter 
upon the duties of his office on August 16th following and unless 
sooner removed, shall hold his office until his successor is elected 
and qualified. Before entering upon the duties of his office he 
shall subscribe and take an oath to perform faithfully such duties 
according to law; which oath shall be filed with the county auditor. 
He shall also execute a bond, to the approval of the county audi- 



21 

tor, payable to the State of Indiana, in the penal sum of five thou- 
sand dollars, conditioned upon the faithful discharge of his duties, 
according to law, and faithfully to account for and pay over to 
the proper persons all moneys which may come into his hands by 
virtue of such office. As soon as such bond be filed, the county 
auditor shall report the name and postoffice of the person so elected 
to the state superintendent of public instruction. Whenever a 
vacancy may occur in the office of county superintendent the said 
township trustees, on at least three days' notice given by the 
county auditor, shall assemble at 10 o'clock a. m., on the day 
designated in such notice at the office of such auditor, and fill 
such vacancy by ballot for the unexpired term. In all elections of 
a county superintendent the county auditor shall be the clerk of 
such election; and in case of a tie vote the auditor shall cast the 
deciding vote. In case any one candidate shall receive a number 
of votes equal to one-half of all the trustees of the county the 
county auditor shall then and at all subsequent ballots cast his 
vote with the trustees until some candidate shall receive a ma- 
jority of all the votes in the county, including the county auditor. 
Such auditor shall keep a record of such election in a book kept for 
that purpose. (R. S. 1914, §6376.) 

County Superintendents — Additional Salary. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That in counties containing more than seventy-seven 
thousand inhabitants, according to the last preceding United 
States census, the board of county commissioners of each of such 
counties shall be, and hereby is, authorized, upon the petition of 
fifty resident freeholders of such county to allow an addition to 
the salary of the county superintendent of schools therein, such as 
in the judgment of such board the conditions in such county and 
the work required of such superintendent therein may justify, not 
exceeding one thousand dollars a year payable to such county 
superintendent of schools in monthly installments out of the 
treasury of the county. (R. S. 1914, §6400a.) 

Public Playgrounds and Public Baths — How Established. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That the board of health and charities in cities of the 
first class, in this state, and the board of health and charities or 
the board of school commissioners, or board of school trustees, in 



22 

cities of the second, third, fourth and fifth classes, in this state, be 
and the same are hereby authorized to estabHsh, maintain and 
equip pubHc playgrounds, public baths and public comfort sta- 
tions in said cities. That the boards of school commissioners and 
boards of school trustees or boards of health and charities in such 
cities are hereby authorized to use, and to permit the use of, any 
public grounds or buildings under their control as in their judg- 
ment may be required, or adaptable, pursuant to the provisions 
and for the purpose designated in this act. And such boards are 
hereby authorized to lease or purchase grounds, additional to such 
public grounds, either adjacent thereto or elsewhere in such cities; 
and such boards are hereby empowered, pursuant to the laws of 
eminent domain now or hereafter in force within this state, to con- 
demn real estate to be used for the purposes herein expressed and 
to pay for such real estate so condemned out of the revenue here- 
inafter provided for in this act. (R. S. 1914, §6555 rl.) 

How Controlled. 

Sec. 2. Such boards shall have full control and custody of all 
such playgrounds, baths and comfort stations, including the polic- 
ing and preservation of order thereon, and may adopt suitable 
rules, regulations and by-laws for the control thereof, and the 
conduct of children and other persons while on and using the same, 
and may enforce the same by suitable penalties. Such boards 
shall appoint a commissioner of public playgrounds, public baths 
and public comfort stations, whose duty it shall be to superin- 
tend and manage the work, to select directors and assistants, who 
while on duty, and for the purpose of preserving order and the ob- 
servance of the rules, regulations and by-laws of the said boards 
shall have the powers and authorities of police officers of the re- 
spective cities in and for which they were severally appointed. 
The compensation for such employes shall be fixed by such boards. 
(R. S. 1914. §6555 si.) 

Expenses — How Paid. 

Sec. 3. All the expenses necessarily incurred in carrying out 
the provisions of this act shall be borne by such civil cities. The 
common councils of such cities of the first class shall and cities of 
the second, third, fourth and fifth classes may, annually, be- 
ginning in 1913, levy the sum of not less than one (1) cent nor 
more than two (2) cents on each hundred dollars (.flOO.OO) of 



23 

taxables within such cities to create the sum, to be known as the 
"recreation fund," to be expended by such boards in carrying out 
the provisions of this act. Such funds shall under no circum- 
stances be used for any other purposes, but for the purposes afore- 
said, shall be subject to the warrant of the proper city official with- 
out any further appropriation. (R. S. 1914, §6555 tl.) 

Repeal. 

Sec. 4. All laws and parts of laws in conflict with the pro- 
visions of this act are hereby repealed. 

[p 41, Acts of 1915.] 
Art Associations — School Board — ^Payments to Maintain. 

Section 1. Be it enacted hy the general assembly of the State of 
Indiana, That in any city having more than one hundred thou- 
sand inhabitants according to the last preceding United States 
census wherein there now is or hereafter shall be an art association 
which is incorporated under the laws of the State of Indiana with- 
out stock and without purpose of gain to its members, but or- 
ganized for the purpose of maintaining a permanent art gallery in 
said city and encouraging and promoting education in the fine 
and industrial arts and which owns buildings, grounds, works of 
art and other proper equipment for the study of art in said city, 
it shall be the duty of the school city of such city and of the board 
of school commissioners of such city, if any, to pay such art as- 
sociation annually in quarterly installments a sum equal to one- 
quarter of one cent on each one hundred dollars of the taxables 
of said city as valued on the tax duplicate for the year next be- 
fore the date of each such payment : Provided, Such art associa- 
tion has, by proper resolution, adopted by its board of direc- 
tors or other governing body, accepted all the provisions of this 
act and filed a certified copy of such resolution with said school 
city or board of school commissioners of said city prior to the 
date of any such payment. 

School Officers— Board of Visitors. 

Sec. 2. No such art association shall be entitled to receive 
any of the payments so hereinabove provided for until it, by a 
proper resolution adopted by its board of directors or other gov- 
erning body, shall have tendered to said school city, or board of 
school commissioners (1) the- right to appoint the superintendent 



24 

of the common schools of said school city and the director of art 
instruction of said school city, if any such there be, as visitors 
having the privilege of attending all meetings of the board of 
directors or other governing body of said art association to the end 
that they may be advised as to the work done and proposed to be 
done by said association ; (2) the right to nominate for membership 
in such board of directors or other governing body persons of 
whom at least two shall be elected; (3) the right of free admission 
for all school children and teachers of said school city to its 
museum and galleries and to not fewer than fifty lectures an- 
nually on the fine and applied arts; (4) the right to use at all 
reasonable times and in all reasonable ways the association's 
plant, equipment and facilities for education in art, consistently 
with their use by such association and in connection therewith the 
right to use at all reasonable times and in all reasonable ways, un- 
der the association's direction, its executive and teaching staffs 
consistently with their established duties to the association; 

(5) normal instruction in the fine and applied arts which at half 
the regular rates charged by said association for like instruction 
may be availed of by all teachers under the jurisdiction and em- 
ployment of said school city or board of school commissioners; 

(6) the loan to such school city or board of school commissioners 
from the association's collection and equipment of suitable and 
available works of art, reproductions and photographs for temp- 
orary exhibitions in the city's schools to aid and supplement the 
teaching in such schools; (7) and such exhibitions in its museum 
as will supplement and illustrate the work of the school children 
and teachers under the authority and jurisdiction of said school 
city or board of school commissioners. A copy of said resolution 
duly certified by the president and secretary of the said art as- 
sociation shall be filed in the office of the school city or of the 
board of school commissioners as a condition precedent to the 
receipt by the association of any such payments. 

Acceptance of Provisions. 

Sec. 3. Be it further enacted by the general assembly of the 
State of Indiana, That in any city such as is designated in the first 
section of this act, wherein there now is or hereafter shall be an art 
association which is incorporated and organized in the manner and 
for the purpose stated in the first section of this act, and which 
owns building, grounds, works of art or other proper equipment 
for the study of art in said city, it shall be the duty of the said 



25 

city to pay such art association annually in quarterly install- 
ments a sum equal to one quarter of one cent on each one hundred 
dollars of taxables of said city as valued on the tax duplicate of 
said city for the year next before the date of each such payment 
provided such art association has, by a proper resolution adopted 
by its board of directors or other governing body, accepted all the 
provisions of this act and filed a certified copy of said resolution 
with the comptroller of said city prior to the date of any such 
payment. 

Mayor and Comptroller — Attend Meetings. 

Sec. 4. No such art association shall be entitled to receive any 
of the payments provided for in section 3 until such art associa- 
tion by a proper resolution adopted by its board of directors or 
other governing body, shall have granted to the mayor and the 
comptroller of said city the right to attend all the meetings of the 
board of directors or other governing body of said art association 
to the end that the said city may at all times be advised as to the 
work done and proposed to be done by said art association and the 
right to nominate for membership in such board of directors or 
other managing body persons of whom at least two shall be elected; 
and, as further consideration for the benefits to be received from 
said city by reason of such payments, shall have granted to all the 
inhabitants of said city the right to be admitted free to its museum 
and art galleries each Saturday and Sunday during the usual 
hours. A copy of such resolution duly certified by the president 
and secretary of the art association shall be filed with the comp- 
troller of said city as a condition precedent to the receipt by the 
association of any such payments. 

Resolutions in Force. 

Sec. 5. After any such art association shall have once filed 
respectively with the school city or the board of school com- 
missioners and with the city comptroller the resolution herein- 
above provided for, it shall not be required to renew the same 
from year to year but each such original resolution shall continue 
and remain in force for the purposes named until by like resolu- 
tion likewise certified and filed any such original resolution shall 
be revoked or rescinded. 

Agreement in Force. 

Sec. 6. So long as any such art association shall do and per- 



26 

form all and singular the things by it so agreed to be performed as 
considerations for the benefits to be received by it under this act, 
or shall continue to be able, willing and ready to perform the same, 
it shall be entitled to receive the said several payments herein 
provided for. 

One Association to Participate — How Chosen. 

Sec. 7. If at any time it shall transpire that in any city such 
as is designated in the first section of this act more than one art 
association such as is designated in that section shall have quali- 
fied as hereinbefore required to perform the several public serv- 
ices in this act mentioned nevertheless the moneys in this act 
authorized and directed to be paid by said city and by said school 
city shall be paid to but one of such associations. In such event 
the particular association to which said moneys shall be paid 
shall be the one selected by both the mayor of said city and by the 
managing body of said school city by formal corporate action, as 
the association best qualified and equipped to perform and render 
said several public services. Nothing in this act shall be con- 
strued as limiting the power of the general assembly to repeal this 
act at any time. 

Schools — Cities First Class — Right to Issue Bonds. 

Section 1. Be it enacted by the general assembly of the State 
of Indiana, That the common school corporation in each city 
of this state of one hundred thousand, or more, inhabitants, ac- 
cording to the last preceding United States census, shall in addi- 
tion to all other powers granted it by law, have power to borrow 
money and issue its bonds therefor as hereinafter provided, viz: 
Each such common school corporation is hereby authorized and 
empowered to issue and sell its bonds, in such amounts and 
denominations as the board of school commissioners thereof may 
deem advisable, but not a face amount in the aggregate in excess 
of five hundred thousand dollars ($500,000) principal, for the pur- 
pose of realizing money to be used in paying for the construction 
of a library building, or library buildings, for a main library or 
branch libraries, or both, and in paying for the equipping of 
such building or buildings and for the improvement of the grounds 
surrounding such buildings. Such bonds shall be known as "li- 
brary building bonds," and they shall bear interest at a rate not 
exceeding four and one-half (4 1-2) per centum per annum, and 



27 

the interest shall be paid semi-annually. Such bonds shall be sold 
by the school city issuing them at not below par and shall mature 
not more than forty (40) years from their date. They may be is- 
sued all at one time or from time to time, but in no event in an 
aggregate principal sum of more than five hundred thousand dol- 
lars ($500,000). No bond issued under the authority of this act 
shall be delivered until the money therefor shall have been paid to 
the treasurer of the school city issuing it and interest thereon shall 
begin to accrue at the time of such delivery. Preparatory to offer- 
ing any such bonds for sale by any such school city, its board of 
school commissioners shall give notice for not less than three 
weeks of the date fixed for the sale and in the notice give a brief 
description of the bonds and of the mode of bidding, and inviting 
bids. Such notice shall be by advertisement, one time each week 
for three successive weeks, in one newspaper published in the city 
wherein the school corporation is located and in one newspaper 
published in the city of New York, and by such other method of 
advertising, if any, as the board of school commissioners may pre- 
scribe. The said board shall sell the bonds to the highest and best 
bidder, reserving, however, in its advertisements and notices, the 
right to reject any and all bids. The proceeds arising from all 
sales of bonds, made in pursuance of this act, shall be kept in a 
separate fund and to be known as the "library building fund" 
and be used only for the purposes, or for some one or more of the 
purposes, hereinbefore referred to as objects for which such bonds 
are authorized to be issued. (R. S. 1914, §6548.) 

This act supersedes the act of 1903, as amended by act of 1907, being sec- 
tion 6548, R S. 1908. Issue of bonds legalized, Acts 1913, p. 264. 

Bonds issued by the school corporations of cities of 100,000 are not reck- 
oned as debts of the civil city in determining the amount of the indebtedness 
of such city. Campbell v. City of Indianapolis, 155 Ind. 186, 57 N.E. Rep. 
920. 

Cities — Second Class — Public Playgrounds. 

Section 1. Be it enacted hy the general assembly of the State of 
Indiana, That the board of school trustees in cities having not less 
than sixty-three thousand (63,000) nor more than sixty-nine thou- 
sand (69,000) population according to the last preceding United 
States census be and the same are hereby authorized to establish 
maintain and equip public playgrounds in such cities. That the 
board of park commissioners in such cities, are hereby authorized 
to, permit the use of any public grounds under their control for 



28 • 

playground purposes, and if in their judgment deemed neces- 
sary, may acquire and maintain suitable grounds specially for such 
purposes. (R. S. 1914, §6555 ul.) 

Under Control School Boards. 

Sec 2. Such school boards shall have full control and custody 
of all such playgrounds, including the policing and preservation of 
order thereof, and may adopt suitable rules, regulations and by- 
laws for the control thereof, and the conduct of the children and 
other persons while on or using the same, and may enforce the 
same by suitable penalties. Such school board shall appoint 
directors, teachers and assistants, whose duty it shall be to superin- 
tend and manage said playgrounds, and to preserve order and ob- 
servance of rules, regulations and by-laws of said school board. 
The f^ompensation for such employes herein shall be fixed by said 
school boards. (R. S. 1914, §6555 vl.) 

Expenses — How Paid. 

Sec. 3. All the expenses necessarily incurred in carrying out 
the provisions of this act shall be borne by the civil city. The 
common council of such city shall annually, beginning in 1913, 
levy the sum of not less than one cent nor more than two cents on 
each one hundred dollars $(100.00) of taxables within said city to 
create the sum to be known as the "Playground Fund," and to be 
expended by such school board in the carrying out of the provisions 
of this act. Such funds shall under no circumstances be used for 
any other purposes, but for the purpose aforesaid and shall be sub- 
ject to the warrant of the school boards without any further 
appropriation. The duty of making such levy shall be performed, 
regardless of any limit now existing by law in the tax levying power 
of such city. (R. S. 1914, §6555 wl.) 

Cities — Second Class — Government of Schools. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That the government of the common schools in cities 
having a population of more than sixty-three thousand inhabitants 
and less than sixty-none thousand inhabitants, according to the 
last preceding United States census, shall be vested in a board of 
school trustees, which shall consist of three members, elected in 
the manner hereinafter provided. (R. S. 1914, §6504 n.) 



29 

School Corporations — Separate from Civil Corporations. 

Sec. 2. Such cities are hereby declared to be and are made 
school corporations for school purposes, separate and distinct 
from the civil corporations of the same cities, and shall be known 
and designated as the school city of (naming the city) ; and the 
several boards of school trustees of such cities shall represent and 
be vested with all the authority and powers of school cities, and 
with the management and control of the common schools thereof. 
(R. S. 1914, §6504 o.) 

General School Laws Applicable. 

Sec. 3. The general school laws of this state and all laws and 
parts of laws, applicable to the general system of common schools 
in cities, and not inconsistent therewith, shall be in full force in 
such cities; and such boards of school trustees shall also have and 
exercise all the powers heretofore and hereafter conferred upon the 
school trustees of the same or other cities of the state. (R. S. 
1914, §6504 p.) 

Qualifications of School Board. 

Sec. 4. The members of such board of school trustees shall 
be at least twenty-five years of age, residents of the city, and shall 
have been such residents of the city for at least three years im- 
mediately preceding their election. They shall be ineligible to any 
elective or appointive office under such board of school trustees 
and under the government of such city while holding membership 
on said board. They shall not be interested in any contract with, 
or claim against the school city in which they are elected, either di- 
rectly or indirectly: Provided, That this act shall not be construed 
to prevent anyone, otherwise eligible, who is connected as officer or 
stockholder in financial institutions holding school fund deposits 
under the state depository law from holding such office as school 
trustee. If at any time after the election of any member of said 
board, he shall become interested in any such contract with, or 
claim against said school city, he shall thereupon be disqualified 
to continue as a member of said board, and a vacancy shall thereby 
be created. Every member of said board shall, before assuming 
the duties of his office, take an oath before some one qualified to 
administer oaths that he possesses all the qualifications required 
by this act, that he will honestly and faithfully discharge the duties 
of his office, that he will not while serving as a member of such 



30 

board, become interested directly or indirectly, in any contract 
with, or claim against said school city, and that he will not be in- 
fluenced during his term of office, by any consideration of politics 
or religion, or anything except that of merit and fitness in the 
appointment of officers and the engagement of employes. Each 
member of such board of school trustees shall receive for his serv- 
ices herein such compensation as the common council of the city 
shall fix, which compensation shall be paid out of the special school 
revenue of the city. (R. S. 1914, §6504q.) 

How Elected. 

Sec. 5. The said board of school trustees shall be elected as 
follows : The common council of each city coming under the pro- 
visions of this act shall annually hereafter at a regular meeting 
of such common council in the month of June, elect one school 
trustee, who shall hold office for a term of three years, from the first 
day of the next succeeding August. Such trustee together with 
those whose terms of office have not expired shall meet within five 
days after the first day of August, 1913, and annually thereafter, 
and organize by electing one of their number president, one sec- 
retary, and one treasurer. The treasurer, before entering upon the 
duties of his office, shall execute a bond to the acceptance of the 
county auditor, in the sum of fifty thousand dollars, conditioned 
as an ordinary official bond, with a reliable surety company or at 
least two sufficient freehold sureties, who shall not be members of 
such board, as surety or sureties on such bond. The president 
and secretary shall each give bond, with like surety or sureties, to 
be approved by the county auditor, in the sum of twenty-five 
thousand dollars: Provided, That such boards of school trustees 
may purchase said bonds from some reliable surety company, and 
pay for them out of the special school revenue of their respectiTe 
cities. All vacancies that may occur in said board of school 
trustees shall be filled by the common council at any regular meet- 
ing, but such election to fill a vacancy shall only be for the unex- 
pired term : and Provided further, That the present incumbents of 
the offices of school trustees in any cities coming under the pro- 
vision of this act shall hold their offices until the expiration of the 
terms for which they have been elected or appointed. (R. S. 1914, 
§6504 r.) 

Applies to Other Cities — When. 

Sec. 6. Whenever any city which has not the requisite popu- 



31 

lation to bring it within the provision of this act shall, according 
to any United States census hereafter taken, have a population 
of more than sixty-three thousand inhabitants and less than sixty- 
~ nine thousand inhabitants, then this act shall in all respects ap- 
ply to and govern such city from thenceforth. (R. S. 1914, §6504 s.) 

Pending Litigation — Present Members. 

Sec. 7. The intendment of this act is and shall be that it shall 
not effect any impending litigation but the same shall be con- 
cluded and judgment rendered and enforced as if this act had never 
been passed and that all school trustees, in cities coming under the 
provisions of this act, who are now serving unexpired terms in such 
office, shall fill out such unexpired terms under the provisions of 
this act the same as if they had been elected to such office under 
the provisions of this act. (R. S. 1914, §6504 t.) 

Schools — Cities of Fifth Class — Charge of Public Library. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That section 1 of an act entitled "An act to amend an 
act entitled 'An act to establish public libraries in connection with 
the common schools in all cities of 10,000 or more inhabitants, and 
to define the duties and powers of boards of school trustees, 
etc., in relation thereto,' approved March 7, 1881, to extend the 
provisions of said act to all cities and incorporated towns in the 
state." 

That in all the cities and incorporated towns of this state the 
board of school trustees, board of school commissioners, or what- 
ever board may be established by law to take charge of the public 
or common schools of said city or incorporated town, shall have 
power, if in their discretion they deem it to the public interest, to 
establish a free public library in connection with the common 
schools of said city or incorporated town, and to make such rules 
and regulations for the care and protection and government of 
such library and for the care of the books provided therefor, and 
for the taking from and returning to said library of such books as 
the said board may deem necessary and proper; and to provide 
penalties for the violation thereof: Provided, That in any city or 
incorporated town where there is already established a library 
open to all the people no tax shall be levied for the purpose here- 
in named: Provided further. That in all cities, having accord- 
ing to the last preceding United States census no less than four 



32 

thousand (4,000) nor more than four thousand five hundred(4,500) 
population, in which there is a pubHc Kbrary open to all the peo- 
ple already established under the library laws of this state, sup- 
ported in whole or in part by taxation, such board of school trus- 
tees, board of school commissioners, or other board established by 
law to take charge of the public or common schools of said city or 
incorporated town, shall have the power, by and with the con- 
sent of the public library board in charge of such library already 
established, to take over, receive and take full charge of such es- 
tablished library, together with all the property, whether real, 
personal or mixed, and support, maintain and operate such 
library the same as if such library had been originally established 
by such board, and for the purpose of supporting, maintaining, in- 
creasing and operating such library, such board shall have the 
power and authority to receive gifts and donations, and shall have 
the same power of taxation as vested by law in the public library 
board from which such library was taken over and received. 
(R. S. 1914, §6642.) 

[p. 604, Acts 1915.] 

Schools — Cities Fifth Class — ^Abandoned School Property 
— Parks. 

Section 1. Be it enacted hy the general assembly of the State of 
Indiana, That in any city of the fifth class within the state in 
which the school corporations of such cities have heretofore pur- 
chased in the name of said school corporations real estate to be 
used for school purposes, and the use of which real estate shall 
have since been abandoned for school purposes, it shall be lawful 
for the school trustees of said school corporations to authorize 
the use of such real estate for park purposes, in the manner and 
as provided by this act. 

Permitting Use by City. 

Sec. 2. No money shall be expended out of the school corp- 
oration treasury for the maintenance of such abandoned school 
grounds for park purposes, but the board of school trustees of 
any school corporation in cities of the fifth class owning such 
abandoned school grounds may by an order entered of record 
permit the use of such abandoned school grounds by any city of 
the fifth class for park purposes, fixing in such order the condi- 
tions, restrictions and limitations within which such city of the 



33 

fifth class may take and use such abandoned school grounds for 
such park purposes. 

Acceptance by Council — Maintenance. 

Sec. 3. Any city of the fifth class within this state may by an 
ordinance of the common council, accept from the school corpora- 
tion of any such city the use of any real estate, being abandoned 
school grounds, as hereinbefore provided, or any such city may by 
ordinance of the common council accept from any person or per- 
sons for any definite time not less than five years the use of any 
real estate in such city formerly used for cemetery purposes, hav- 
ing been abandoned and the bodies having been removed there- 
from, and any such city is hereby given the right, power and 
authority through their common councils, to use and maintain and 
keep in condition any such real estate for park purposes for the 
use of the general public, in the manner and under the same con- 
ditions and restrictions and limitations as are now fixed and pro- 
vided by law for the use and control and maintenance of park 
properties by such cities, in every way and to the same extent as if 
the city owned said real estate in its own name and right; and such 
cities of the fifth class shall have the power and authority to ac- 
cept by city ordinance such real estate for park purposes under the 
order of the school trustees of the school corporation, as herein 
provided, or from such person or persons. 

Sec. 4. The title to such real estate shall remain in the 
school corporation, and the use by cities of the fifth class shall 
continue so long as such cities continue to maintain such real es- 
tate as a public park. 

Abandonment for Park Purposes. 

Sec. 5. If at any time after such real estate has been accepted 
for park purposes, as aforesaid, such cities shall abandon the use 
of such real estate for park purposes, it shall be lawful for the 
school trustees of such school corporation so owning said real 
estate, to take possession of said real estate, and to sell and con- 
vey said real estate in the manner now or hereafter provided by 
law. 

[p. 73, Acts 1915.] 

Schools — Trustees Elected — ^Terms. 

Section 1. Be it enacted hy the general assembly of the State of 
Indiana, That section one (1) be amended to read as follows: 

3—4343 



34 

Section 1. That the common council of each city and the board 
of trustees of each incorporated town of this state shall at a regular 
meeting of such common council or board of trustees, after the in- 
corporation of such city or town elect three school trustees, who 
shall hold their offices, one, two and three years, respectively, 
from and after the first day of the next succeeding August. The 
term of each of said trustees shall be determined by lot at the time 
of such election by such common council or board of trustees, and 
annually thereafter the common councils of each city and the 
board of trustees of each incorporated town, at their regular meet- 
ings in the month of June, shall elect one school trustee, who shall 
hold his office for three years from the first day of the next suc- 
ceeding August. Such trustees shall constitute the school board 
of the city or town and before entering upon the duties of their 
offices they shall take an oath faithfully to discharge the duties of 
the same. They shall meet within five days after the first day of 
August of each year and organize by electing one of their number 
president, one secretary and one treasurer. The treasurer before 
entering upon the duties of his office shall execute a bond to the 
acceptance of the county auditor in a sum equal to the amount 
of money which may come into his hands at any one time during 
the year by virtue of his office. The president and secretary shall 
each give bond to be approved by the county auditor in any 
sum not less than one-third of the treasurer's bond: Provided, 
That in case of a newly incorporated city or town such trustees 
shall meet within five days of their election and organize by elect- 
ing the officers and giving the bonds as herein provided, which 
officers and bonds shall be continued until the first day of August 
next succeeding such organization. All vacancies that may oc- 
cur in said board of school trustees shall be filled by the common 
council or board of trustees of the town, but such elation (elec- 
tion) to fill a vacancy shall only be for the unexpired term. The 
board of school trustees shall within five days after the first day of 
August of each year reorganize their boards and execute their 
bonds for the ensuing year. Said trustees shall receive for their 
services such compensation as the common council of the city 
or the board of trustees of the town may deem just, which com- 
pensation shall be paid from the special school revenue of the city 
or town: Provided further, That the provisions of this act relative 
to the appo'ntment of school trustees shall not be mandatory upon 
those incorporated towns wherein the school corporations have 
been or shall hereafter be abandoned. 



35 

Schools — Bonds Legalized. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That all bonds heretofore issued by the order and direc- 
tion of the board of school trustees or other authorities of any 
school city or school town of this state under color of any statute of 
this state, pursuant to the order and direction of the common 
council or board of trustees of such city or town, for the building 
of school houses where necessary to build and repair the same for 
the use of such school city or school town, and such school trus- 
tees having failed to comply with the laws of the State of Indiana 
in respect to the proper construction and sanitary conditions of 
the same, are hereby legalized; and all proceedings or acts of any 
such board of trustees of such city or town under which said bonds 
were issued, are hereby fully legalized, and declared valid. 

Pending Litigation. 

Sec. 2. Nothing in this act contained shall be so construed as 
to affect any pending litigation, (p. 264, Acts 1913.) 

Schools — Cities and Towns — School Buildings — School 
Trustees May Issue Evidences of Indebtedness. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That section one (1) of the above entitled act be amended 
to read as follows, to wit: Section 1. That section 1 of an act en- 
titled "An act authorizing and empowering boards of trustees of 
school cities of all cities incorporated under the general laws of this 
state, and boards of trustees of school towns of incorporated towns, 
to borrow money and issue their notes or bonds therefor; provid- 
ing conditions on which such debt may be incurred, and to levy a 
tax to pay the same, for the purpose of buying grounds and pay- 
ing for necessary school buildings, or repairs on the same and de- 
claring an emergency," approved March 9, 1903, be and the same 
is hereby amended to read as follows : Section 1. That in all cities 
except cities of the first and second class, of the State of Indiana, 
which are incorporated under the general laws of the state, and in 
incorporated towns of this state, the boards of school trustee in 
such city or incorporated towns are hereby authorized and em- 
powered to borrow money and to issue their bonds or notes of 
such school city or school town, such bonds or notes to bear in- 
terest at a rate not exceeding five per centum per annum, and pay- 
able at such times within twenty-five (25) years from date as such 



36 

school board may determine. The money obtained as a loan on 
such bonds or notes shall be disbursed by order of such board in 
payment of expenses incurred in buying grounds, building school 
houses or in making repairs on school buildings heretofore erected 
for such school city or town, and for no other use or purpose what- 
soever. Before any such debt is incurred, such school officers 
shall give notice by publication for three consecutive weeks in 
some newspaper published in such city or town, and if none be so 
published, then in some newspaper of general circulation in such 
city or town, or by posting such notice in five public places in such 
city or town for three weeks, which notices shall state the aggre- 
gate debt proposed to be incurred, the location of real estate, if it 
be proposed to buy real estate; the character and size of the build- 
ing to be erected, and the nature of the improvement proposed: 
Provided, That no board of trustees shall create any indebted- 
ness including all outstanding indebtedness exceeding two per 
centum of the taxable property of such city or town, as ascertained 
by the last assessment for state and county taxes previous to the 
incurring of the said indebtedness: and Provided, further , That said 
bonds or notes shall not be sold at a less rate than one hundred 
(100) cents on the dollar. (R. S. 1914, §6572.) 

Construction of the act of 1909, amending the statutes authorizing school 
trustees to borrow money and to issue bonds or notes. Monical v. Heise, 49 
App. 302; 94 N.E. 232. 

The act of 1909, Acts 1909, p. 100, amending the statute providing for 
the contracting of an indebtedness by school corporations of cities, is to be 
construed in connection with the act of 1879 on the same subject and the 
notice required to be given by the act of 1909 applies in case an indebted- 
ness is to be incurred by contract as well as in case of issuance of notes or 
bonds. Caldwell v. Bauer, 99 N. E. 117. 

Schools — Cities and Towns — Refunding. 

Section 1. Be it enacted hy the general assembly of the State of 
Indiana, That in all cities of the State of Indiana, which are in- 
corporated under the general laws of the state, and in all incorp- 
orated towns of this state, when the school city or school town of 
any such city or incorporated town is indebted at the time of the 
passage of this act, which indebtedness is evidenced by bonds, 
notes or other obligations heretofore issued or negotiated by any 
such school city or school town, for the purpose of funding or re- 
funding such indebtedness or any part thereof, reducing the rate 
of interest thereon, extending the time of payment thereof, and 
cancelling so much thereof as may be due or which shall become 



• 37 

due, the board of school trustees of any school city or school town, 
in such cities or incorporated towns, are hereby authorized to is- 
sue the bonds of such school city or school town, with interest 
coupons attached, for an amount not exceeding in the aggregate 
the whole amount of the indebtedness of such school city or school 
town, which bonds may be in any denomination not less than fifty 
($50.00) dollars nor more than one thousand ($1,000.00) dollars 
and shall be payable at any place named therein and at a time not 
later than twenty-five years from the date thereof, bearing interest 
not exceeding four and two-fifths per cent, per annum, payable an- 
nually or semi-annually, as such board of school trustees of any 
such school city or school town may negotiate such bonds at any 
market or place at not less than par. In the event any city or in- 
corporated town in this state prior to the taking effect of this act, 
shall have issued its bonds, notes or other obligations for the pur- 
pose of procuring funds with which to buy school grounds or erect- 
ing school buildings, or repairing such school buildings, and the 
proceeds derived by reason of the sale of such bonds have been used 
by the school cities or school towns of any such city or incorporated 
town for the purpose of buying grounds for school purposes, or 
erecting buildings or making improvements to school buildings, 
then it shall be lawful for the board of school trustees of any 
such school city or school town in such cities or incorporated 
towns and they are hereby authorized to issue and negotiate the 
bonds of such school city or school town for the purpose of fund- 
ing or refunding such indebtedness or any part thereof for the 
same purposes and in the same manner and on like terms and 
conditions as provided for in this section in other cases: Pro- 
vided, That this act shall not be construed as authorizing and 
empowering trustees of such school cities or school towns to issue 
funding or refunding bonds for any indebtedness than (that) may 
be created after the taking effect of this act, except as herein por- 
vided. (R. S. 1914, §6577 a.) 

Levy — Sinking Fund — Interest. 

Sec. 2. For the purpose of paying bonds issued as provided 
in the foregoing section, the board of school trustees of any such 
school city or school town shall add to the tax duplicates thereof 
annually, a levy sufficient to pay all yearly interest on said bonds 
and may provide a sinking fund for the liquidation of the principal 
thereof when it shall become due, which sinking fund, together 



38 

with the interest, increase of profit thereon, shall be applied to the 
payment of said bonds and to no other purpose. (R. S. 1914, 

§6577 b.) 

Repeal. 

Sec. 3. All laws or parts of laws in conflict herewith are here- 
by repealed. 

Annexation School Territory — Liability for Debts. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That section 1 of an act entitled "And act to provide 
for the reimbursement of school townships where school property 
belonging thereto has been or shall hereafter be annexed to any 
city or incorporated town, and declaring an emergency"; approved 
March 3, 1899, be and the same is hereby amended to read as fol- 
lows, to wit: Section 1. In all cases where any city or incor- 
porated town of this state shall hereafter annex any territory, or 
where any town shall be hereafter incorporated in which terri- 
tory so annexed or incorporated there shall be the property of any 
school township used by such school township for school pur- 
poses, and such school township shall be at the date of such an- 
nexations, indebted either for the purchase of said school prop- 
erty, or for buildings constructed thereon, it shall and is hereby 
made the duty of the school corporation of such city or incorp- 
orated town to pay such indebtedness, and such school corporation 
is hereby declared to be and made liable therefor. Until such city 
or town school corporation shall have paid such indebtedness, it 
shall not be entitled to a deed therefor, and if such indebtedness 
is paid by said school township, such school township shall be en- 
titled to recover the amount so paid from said city school cor- 
poration with interest at the rate of six per cent, per annum from 
date of payment, and on payment of such amount the said school 
corporation shall be entitled to a deed of such property as now by 
law provided. Whenever any annexation of such property has been 
made prior to the passage of this act and subsequent to the pass- 
age of the act of which this is amendatory, then liability on the 
part of such annexing city or town for any such indebtedness re- 
maining unpaid at the time of the passage of this act, shall be un- 
der this act the same as if such annexation had taken place sub- 
sequent to the passage of this act. (R. S. 1914, §6612.) 

Before the passage of this act the annexation of territory by a city or 
town did not render such corporations liable for unpaid purchase-money 



39 

due on school property. Board v. Center Tp., 143 Ind. 391, 42 N.E. Rep. 
808; Maumee Tp. v. School Town, 159 Ind. 423, 65 N. E. Rep. 285. 

Schools — Old School Buildings — Tearing Down. 

Section 1. Be it enacted by the general assembly of the State 
of Indiana, That whenever any city or town having title to real 
estate by purchase gift or otherwise, for school purposes within 
such city or town, upon which real estate there is situate a public 
school building or other buildings, connected therewith, which are 
in bad repair or otherwise insufficient to meet the necessary re- 
quirements for the full enjoyment and advancement of proper 
educational uses and activities, and should it now, or hereafter, 
be deemed by said board of trustees necessary for said school city 
or school town to tear down or otherwise remove such school 
building or buildings connected therewith, and in lieu of the use of 
them or any one of them construct new public school buildings or 
other buildings connected therewith, upon the real estate oc- 
cupied by said old and insufficient school building or other build- 
ings connected therewith, the trustees of school cities of incorp- 
orated cities and trustees of school towns of incorporated towns of 
the State of Indiana, are hereby authorized and empowered to 
tear down or otherwise remove any such old and insufficient 
school building or other buildings ^connected therewith, for the 
purpose of erecting upon said real estate a new school building, or 
other buildings connected therewith in lieu of those removed or 
torn down. (R. S. 1914, §6563 a.) 

Sale of Old Buildings— Use of Old Material. 

Sec. 2. Boards of trustees of school cities and boards of 
trustees of school towns are hereby authorized, should said board 
of trustees deem it most advantageous to said school city or school 
town to do so, to sell at private sale said old and insufficient school 
building or other buildings connected therewith in all cases where 
it is necessary in order to meet the requirements for the enjoyment 
and advancement of proper educational uses and activities, to 
erect new school buildings, or other buildings connected therewith 
upon the real estate occupied by said old and insufficient school 
building or buildings. Before the sale of any such building or 
buildings shall be authorized, however, said board of school 
trustees shall cause said .building or buildings to be appraised at a 
fair cash value by two reputable resident householders and free- 
holders of the school city or school town offering said building 



40 

or buildings for sale, and said appraisement shall be made under 
oath and spread of record upon the records of said board of trus- 
tees, and no sale shall be made for less than the appraised value, 
and for cash, and the same shall be applied to the payment of the 
cost of the new building or buildings proposed to be constructed. 
The board of trustees as aforesaid, shall also cause a notice to be 
given reciting therein the terms, time and place of sale, and a gen- 
eral description of the building or buildings to be sold by publish- 
ing the same once each week for a period of two consecutive weeks 
in some newspaper of general circulation printed and published 
in the city or town where said building or buildings are for sale, 
if no such newspaper be published in said city or town, then by 
publishing said notice for a like period of time in any newspaper 
of general circulation printed and published in the county where 
said building or buildings are for sale. If no newspaper be printed 
or published in the county then by publishing said notice for a like ' 
period of time in any newspaper, if any, circulating in said city 
or town, and in addition thereto by posting a written or printed 
notice in five different public locations in said city or town where 
said building or buildings are for sale: Provided, however, The 
board of trustees of school cities and boards of trustees of school 
towns may, if they deem it most advantageous to said school city 
or school town to do so, incorporate all or any part of the ma- 
terial constituting said old or insufficient school building con- 
nected therewith as a part of the plans and specifications used or 
to be used by said board of trustees in the construction of said 
new school building or other building connected therewith, and 
the value of said old material so incorporated as aforeasid, shall 
be taken into consideration and finally determined in the sub- 
mission of bids for the construction of said new school building or 
other buildings connected therewith, by the person or persons, 
firms or corporations making sealed proposals for the construction 
of said building or buildings, as aforesaid, and all of said sealed 
proposals shall be based upon the quantum of material constituting 
said old building or buildings incorporated as aforesaid, in the. 
plans and specifications ultimately adopted by said board of 
trustees for the construction of said new building or buildings; 
and the notice given to all contractors for sealed proposals for con- 
struction, and the award of the contract thereto, and the contract 
entered into by and between the successful bidder or bidders and 
said board of trustees for the construction of said new school 
building or other buildings connected therewith shall so provide: 



41 

And, Provided, further, Said board of trustees of such school cities 
and school towns shall also be empowered in cases of repairing 
and remodeling old and insufficient school buildings or other 
buildings connected therewith to also incorporate the old ma- 
terial, in whole or in part, constituting said building or buildings in 
the specifications for the repairment or remodeling of such build- 
ing or buildings as hereinbefore provided; or should it be deemed 
more advantageous to said school city or school town, said board 
of trustees in cases of repairment or remodeling as aforesaid, may 
sell said old material, in whole or in part, which sale shall be gov- 
erned by the provisions of this act as hereinbefore provided. 
(R. S. 1914, §6563 b.) 

Schools — Towns — Election of School Trustee. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That in the election of school trustees in incorporated 
towns, the board of trustees of incorporated towns, shall vote by 
ballot and such voting shall continue until some competent person 
receives a majority of all votes cast or until such meeting ad- 
journs or the voting ceases by a majority vote of the members of 
the board of town trustees. Should an election fail to occur at any 
one regular meeting, then at the next regular meeting, the board 
of trustees shall again proceed to the election of a school trustee 
or trustees, in like manner and under the same conditions and 
should no election occur at such meeting, then the board of trus- 
tees may determine then and there whether to take further votes 
at some later meeting and so on from one regular meeting to an- 
other until an election occurs or until such board of trustees shall 
determine by a majority vote to cease trying to elect; and, no 
person be permitted to vote except they be a qualified member 
of said body and the clerk of the board of trustees shall preside at 
such election but shall have no vote. In all cases where no elec- 
tion takes place, the present incumbent shall continue to serve un- 
til an election does occur and until his successor shall be elected 
and qualifies and all official acts of any member so holding over 
and the official acts of any such board during such time, will be 
valid as though an election should have taken place: Provided, 
That this act shall not change the time of election of school 
trustees or the terms of present incumbents except in cases where 
no successor is elected as herein provided; nor shall it affect 
cities that have by special act, a different mode of election pre- 
scribed by law. (R. S. 1914, §6478 a.) 



42 

Supplementary Act. 

Sec 2. This act is supplementary in its nature and repeals 
only such laws as may be in conflict therewith. 

Schools — Trustees Abolished — School Corporation Dis- 
solved. 

Section 1. Be it enacted hy the general assembly of the State of 
Indiana, That section one of the above entitled act be amended 
to read as follows : Section 1 . That any incorporated town in the 
state, that has no school indebtedness, the inhabitatnts of which 
do not exceed two thousand (2000) as shown by the last preced- 
ing general census, may, through its town board of trustees, 
abandon and discontinue its management and control of public 
schools within such incorporated town, and abolish the board of 
school trustees therein. Whenever a town so discontinuing its 
board of school trustees shall desire to again take control of its 
school affairs the town board may on petition signed by a ma- 
jority of the resident freeholders, pass an ordinance to that effect 
and appoint a board of school trustees : Provided, That whenever 
a town passes such ordinance to again take control of its school 
affairs as herein above provided, it shall be the duty of the coun- 
ty assessor, county auditor and county superintendent of schools, 
to act as an appraising board to determine what if any equitable 
right the township has in the school property thus taken over and 
to determine the extent to which such town is indebted to the 
township, and the board of town trustees shall pay over to the 
township such amount as has been so determined; before said 
town shall be permitted to take over the schools: Provided, 
further, That such school property shall not be appraised and taken 
over by the town as above provided unless a majority of the resi- 
dent freeholders in the township residing outside of said town, 
consent to such transfer : Provided, further. That no town board 
shall dissolve the school corporation except by consent of a ma- 
jority of the freeholders therein, (p. 199, Acts 1915.) 

Conveyance of Property to Township. 

Sec. 2. The town board of trustees of any such incorporated 
town, upon deciding to abandon and discontinue the control of the 
public schools therein, shall make or cause to be made a good and 
sufficient deed, conveying all real estate belonging to such school 
town to the township trustee of the township in which such in- 



43 

corporated town is located; and shall transfer all the personal 
property and fixtures belonging to such school town to such town- 
ship trustee, all of which shall be accepted and held by such town- 
ship trustee for the use and purposes of the school township where- 
in such town is located:* Provided, That when any such incor- 
porated town shall be located in two or more contiguous coun- 
ties, the children of school age who are residents of such incor- 
porated town shall be entitled to the same school privileges in such 
incorporated town as the children of school age who are resi- 
dents, exclusively of the township which has assumed ownership 
and control of such school and school property. And all school 
revenue which is paid or which may hereafter be paid by that por- 
tion of such incorporated town lying outside of the township 
which has assumed control and ownership of such school and school 
property, shall be paid to the township trustee of the township 
wherein such school is located, in the same way and manner as 
such revenues were paid to the school trustees of such incorporated 
town before such town relinquished control and possession j^of 
such school and school property. (R. S. 1914, §6480 a.) 

Township Control. 

Sec. 3. After the requirements set forth in the preceding sec- 
tion are complied with, the township trustee shall have full and 
complete control of all the schools within such town and shall 
conduct the same as provided for by law for the other schools of 
such township. And all children of school age residing outside 
of the township in which such school and school property is 
situated but within the limits of any such incorporated town, as 
herein provided, shall possess all the rights and privileges to at- 
tend the school or schools located within such incorporated town, 
the same as though they lived in the township wherein such school 
or school property is located. (R. S. 1914, §6480 b.) 

Repeal. 

Sec. 4. That an act entitled ''An act permitting incorporated 
towns not exceeding fifteen hundred inhabitants to discontinue 
school boards, and provisions made for transfer of school prop- 
erty to township trustees," approved March 3, 1899, and an act 
entitled ''An act to amend section one and the title of an act en- 
titled 'An act permitting incorporated towns not exceeding fif- 
teen hundred inhabitants to discontinue school boards and pro- 



44 

visions made for transfer of school property to township trus- 
tees,' " approved March 3, 1899, approved March 4, 1911, be and 
the same are hereby repealed. 

Towns coming within the provisions of this section cannot abandon con- 
trol of schools and abolish the board of school trustees if the town is liable 
for damages on account of contracts made by the school trustees. Horn- 
beck V. State, 33 App. 609, 71 N.E. Rep. 916. 

[p. 109, Acts 1915.] 
Preamble. 

Whereas, On the 2nd day of July, 1910, the county auditor 
of Floyd county, Indiana, in making settlement with the trus- 
tees of the school city of New Albany, overpaid said trustees the 
sum of $2,536.97, on account of the library fund for the main- 
tenance of the public library, in said city, and 

Whereas, Before said mistake was discovered said trustees had 
expended said sum in the improvement of said public library, 
and 

Whereas, Afterward said mistake was for the first time dis- 
covered by the state board of accounts in its examination of the 
books of the auditor of said county, and 

Whereas, At no time since said mistake was discovered has 
said board of trustees of said school city been able to repay the 
amount of said over-payment out of such library fund without 
crippling such library, and 

Whereas, On the advice of said state board of accounts said 
trustees of said school city of New Albany, on the 6th day of 
February, 1915, repaid said over-payment out of the special school 
fund of said city, and 

Whereas, Some doubt has arisen as to the legality of such re- 
payment, now, therefore: 

New Albany — Sehool City — Acts Legalized. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That the action of the trustees of the sehool city of New 
Albany in repaying on February 6, 1915, to Floyd county, In- 
diana, out of the special school fund of said city the sum of 
$2,536.97, erroneously paid to said trustees on account of the 
library fund, be and the same is hereby legaized: Provided, 
That nothing in this act shall affect pending litigation. 



45 



Preamble. 



Whereas, The board of school trustees of the school town of 
French Lick, Indiana, did on the 19th day of August, 1912, 
enter into a certain contract with one, William H. Lutes, for the 
erection of a heating plant in connection with the public school 
buildings in said town and for the construction of sewers, closets 
and making repairs on said buildings, which contract was made 
pursuant to a certain resolution of said board, enacted for the 
purpose; and 

Whereas, Pursuant to said contract said work so contracted 
was done and turned over to and accepted by said school town, and 
said town has ever since had the use and benefit of said improve- 
ments; and 

Whereas, Said school trustees, pursuant to a resolution of the 
board of trustees of said town of French Lick, issued bonds of 
said school town in the sum of four thousand dollars ($4,000.00) 
for the purpose of raising revenue sufficient to pay for said im- 
provements; and 

Whereas, Said bonds were duly advertised and offered for 
sale by said board of school trustees on the 12th day of October, 
1912, and were duly sold to said contractor on said day; and 

Whereas, Some questions have arisen as to the regularity and 
validity of said proceedings for said improvements, and of the 
contract made and bonds issued and sold thereunder; 

Therefore, For the purpose of removing such doubts as to the 
validity and regularity of said proceedings, including said con- 
tract and said bonds: 

French Lick — Acts of School Board Legalized. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That all proceedings had and done by the board of 
school trustees of the school town of French Lick, Indiana, dur- 
ing the year 1912, of and concerning the construction of a heat- 
ing plant in connection with the public school buildings of said 
town and making other additions and improvements thereto, in- 
cluding a certain contract for said improvements as entered into 
for the purpose, on the 19th day of August, 1912, including the 
bonds issued by said board on the 15th day of October, 1912, for 
the payment of said improvements, and all and singular the or- 
ders made, steps taken and things done by said board and others 
in pursuance of and subsequent to the resolution passed by said 



46 

board of school trustees authorizing said improvements, or in 
connection therewith, including the acceptance of said improve- 
ments and the sale of said bonds, are hereby legalized and de- 
clared valid : Provided, That nothing in this act shall in any way 
affect any suit now pending in any court of the State of Indiana, 
touching any of the matters included herein. (Acts of 1913, p. 
755.) 

[p. 602, Acts 1915.] 
Preamble. 

Whereas, The board of school trustees of the school town of 
Swayzee, Indiana, did on the 6th day of July, 1914, enter into a 
certain contract with one Rufus Banner, for the erection and con- 
struction of an addition to the public school building of said town 
and for making repairs on said building, which contract was made 
pursuant to a certain resolution of said board, enacted for the 
purpose; and 

Whereas, Pursuant to said contract said work so contracted 
was done and turned over to and accepted by said school town, 
and said town has ever since had the use and benefit of said im- 
provements; and 

Whereas, Said school trustees, pursuant to a resolution of the 
board of trustees of said town of Swayzee, issued bonds of said 
school town in the sum of fifty-two hundred dollars ($5,200.00) 
for the purpose of raising revenue sufficient to pay for said im- 
provements; and 

Whereas, Said bonds were duly advertised and offered for 
sale by said board of school trustees on the 29th day of May, 
1914, and were duly sold to the First National Bank of said town 
of Swayzee; and 

Whereas, Some questions have arisen as to the regularity and 
validity of said proceedings for said improvements, and of the 
contract made and bonds issued and sold thereunder; 

Therefore, For the purpose of removing such doubts as to the 
validity and regularity of said proceedings, including said con- 
tract and of the sale of said bonds; 

Town of Swayzee — Acts of School Board Legalized. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That all proceedings had and done by the board of school 
trustees of the school town of Swayzee, Indiana, during the year 
1914, of and concerning the construction and completion of an ad- 



47 

dition to the public school building of said town, including a cer- 
tain contract for said improvements as entered into for the pur- 
pose, on the 6th day of July, 1914, including the bonds issued by 
said board on the 2d day of May, 1914, for the payment of said 
improvements, and all and singular the orders made, steps taken 
and things done by said board and others in pursuance of and sub- 
sequent to the resolution passed by said board of school trus- 
tees authorizing said improvements, or in connection therewith, 
including the acceptance of said improvements and the sale of 
said bonds, are hereby legalized and declared valid in all things: 
Provided, That nothing in this act shall in any way affect any suit 
now pending in any court of the State of Indiana, touching any of 
the matters included herein. 

[p. 35, Acts 1915.] 
Schools — Transfer of Pupils — Tuition. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That section 1 of the above entitled act be amended to 
read as follows: Section 1. That section 2 of the above en- 
titled act be amended to read as follows: Section 2. If such 
transfer is granted, the school trustee or board of school trustees, 
or commissioners of the school corporation in which such child 
resides, shall pay out of the special school fund, or out of the town- 
ship fund or out of the tuition fund at his discretion, to the 
school trustee, board of school trustees or commissioners of the 
school corporation to which such child is transferred, as tuition 
for such child, an amount equal to the annual per capita cost of 
education in the corporation to which said child is transferred; 
or such a part of it as the term of enrollment of said child in the 
schools of the creditor corporation may require: Provided, That 
the per capita cost in high schools shall be calculated upon the 
basis of expenditures for high school purposes, and the per capita 
cost in grade schools shall be calculated upon the basis of expendi- 
ture for the schools below the high school: Provided, That in case 
the corporation transferring said child maintains a school, or 
schools, of like grade to which said child is transferred, the rate 
of tuition shall in no case exceed the per capita cost in said school, 
or schools, maintained by the corporation which transfers such 
child. In calculating the per capita cost, only expenditures for 
the current year, not including permanent improvements and 
additions, shall be counted and shall be based on the following 



48 

items: Salaries of instructors, supervisors and superintendent, 
salary of janitor, fuel and light, printing and laboratory supplies. 
Note: The above repeals section 2 of the law of 1901, as amended Acts 
of 1909, page 322, same being section 6450 Burns' R. S. 1914. 

Schools — Transportation of Pupils — Payment of Expense. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That section two (2) of the above entitled act be amended 
to read as follows : Section 2. It shall be the duty of the township 
trustee to provide for the education of such pupils as are affected 
by such or any former discontinuance in other schools, and they 
shall provide and maintain means of transportation for all 
such pupils that live at a greater distance than two (2) miles and 
for all pupils between the ages of six (6) and twelve (12) that live 
less than two (2) miles and more than one (1) mile from the 
schools to which they may be transferred, either within the town- 
ship or in an adjoining township or school corporation, as a re- 
sult of such discontinuance. In all townships where a school has 
been abandoned under the provisions of this act, the trustee shall 
provide for the transportation of all pupils of any other school 
of such township who live more than two (2) miles and all pupils 
between the ages of six (6) and twelve (12) that live more than one 
(1) mile from the school to which they are attached, whenever a 
majority of the patrons of such school petition the trustee to pro- 
vide such transportation. Such transportation shall be in com- 
fortable and safe conveyances. The drivers of such conveyances 
shall furnish the teams therefor, and shall use every care for the 
safety of the children under their charge, and shall maintain dis- 
cipline in such conveyances. Restrictions as to the use of public 
highways shall not apply to such conveyances. The expenses 
necessitated by the carrying into effect of the provisions of this 
act shall be paid from the special school fund. (R. S. 1914, §6423.) 

Prior to the adoption of this act, school officers were not required to fur- 
nish free transportation to pupils to and from public schools. State v. Jack- 
son, 168 Ind. 384, 81 N.E. Rep. 62; Nelson v. State, 168 Ind. 491, 81 N.E. 
Rep. 486. 

In a proceeding to compel a township trustee to furnish free transporta- 
tion to pupils to and from schools, it must be shown that he has funds that 
may be used for such purpose. State v. Anderson, 170 Ind. 540, 85 N.E. 
Rep. 17; Dunten v. State, 172 Ind. 59, 87 N. E. Rep. 733; Waters v. State, 
172 Ind. 251, 88 N. E. Rep. 67. 

In proceedings to compel trustees to furnish transportation for pupils to 
and from schools, it. must be shown that trustees have sufficient money in 



49 

their hands to furnish such transportation to all pupils entitled to the same. 
Waters v. State, 172 Ind. 251, 88 N. E. Rep. 67. 

Vehicles need not go the the home of each pupil, but pupils may be 
required to travel a reasonable distance to meet a vehicle. Lyle v. State, 
172 Ind. 502, 88 N. E. Rep. 850. 

Notice need not be given to the letting of contracts for the hauling of 
pupils to schools, nor is it necessary for the advisory board to act with the 
township trustee in the making of such contracts. Patterson v. Middle Tp., 
98 N. E. Rep. 440. 

Schools — Sanitary Buildings. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That section one (1) of the above entitled act be amended 
to read as follows: Section 1. That section one (1) of the above 
entitled act be amended to read as follows: Section 1. That after 
the going into effect of this act all schoolhouses which shall be 
constructed or remodeled shall be constructed in accordance and 
conform to the following sanitary principles, to wit: 

(a) Sites. All sites shall be dry, and such drainage as may be 
necessary to secure and maintain dry grounds and dry buildings, 
shall be selected and supplied. Said site and said buildings or any 
additions to present buildings, shall not be nearer than five hun- 
dred (500) feet to any stream or interurban railroad, or livery 
stable, except in the case of vocational schools, and except in 
cases where the limitation shall be waived on approval of the sup- 
erintendent of public instruction and secretary of the state board 
or nearer than five hundred (500) feet to any horse, mule or cattle 
barn used for breeding purposes; or any noise-making industry or 
any unhealthful conditions. And when such school building or 
school site is so located and established no livery stable, horse, 
mule or cattle barn used for breeding purposes, or any noise-mak- 
ing industry or any unhealthful conditions shall thereafter be 
constructed, erected or maintained within five hundred (500) feet 
of any school building, school site or school grounds. Good dry 
walks shall lead from the street or road to every schoolhouse and 
to all outhouses, and suitable playgrounds shall be provided. 

(b) Buildings. School buildings if of brick shall have a stone 
foundation, or the foundation may be of brick or concrete: 
Provided, A layer of slate, stone or other impervious material be 
interposed above the ground line, or the foundation may be of 
vitrified brick and the layer of impervious material will not be re- 
quired. Every two-story schoolhouse shall have a dry, well- 
lighted basement under the entire building, said basement to have 

4—4343 



50 

cement or concrete floor, and ceiling to be not less than ten (10) 
feet above the floor level. The ground floor of all schoolhouses 
shall be raised at least three (3) feet above the ground level and 
have, when possible, dry well-lighted basement under the entire 
building and shall have solid foundation of brick, tile, stone or con- 
crete, and the area between the ground and the floor shall be 
thoroughly ventilated. Each pupil shall be provided with not less 
than 225 cubic feet of space, and the interior walls and the ceil- 
ing shall be either painted or tinted some neutral color, as gray, 
slate, buff or green, 

(c) Lighting and Seating. All schoolrooms where pupils are 
seated for study shall be lighted from one side only, and the glass 
area shall be not less than one-sixth of the floor area, and the win- 
dows shall extend from not less than four (4) feet from the floor 
to at least one foot from the ceiling, all windows to be provided 
with roller or adjustable shades of neutral color, as blue, gray, 
slate, buff or green. Desk and desk seats shall preferably be ad- 
justable and at least twenty per cent (20%) of all desks and desk 
seats in each room shall be adjustable and shall be so placed that 
the light shall fall over the left shoulders of the pupils. For left- 
handed pupils desks and seats may be placed so as to permit the 
light to fall over the right shoulder. 

(d) Blackboards and Cloakrooms. Blackboards shall be 
preferably of slate, but of whatever material, the color shall be a 
dead black. Cloakrooms, well lighted, warmed and ventilated, or 
sanitary lockers, shall be provided for each study schoolroom. 

(e) Water Supply and Drinking Arrangements. All school- 
houses shall be supplied with pure drinking water, and the water 
supply shall be from driven wells or other sources approved by the 
health authorities. Only smooth, stout glass or enameled metal 
drinking cups shall be used; water buckets and tin drinking cups 
shall be unlawful and are forbidden; and whenever it is practi- 
cable, flowing sanitary drinking fountains which do not require 
drinking cups shall be provided. All schoolhouse wells and pumps 
shall be supplied with troughs or drains to take away waste water, 
and under no conditions, shall pools or sodden places or small or 
large mudholes be allowed to exist near a well. When water is not 
supplied at pumps or from water faucets or sanitary drinking 
fountains then covered tanks or coolers supplied with spring or 
self-closing faucets shall be provided. 

(f) Heating and Ventilation. All schoolhouses hereafter 
constructed or remodeled, shall be supplied with heating and 



51 

ventilating systems. Fresh air shall be taken from outside the 
building and properly diffused without draughts, through each 
school room during school session. Each school room shall be 
supplied with foul air flues of ample size to withdraw the foul air 
therefrom at a minimum rate of eighteen hundred (1,800) cubic 
feet per hour for each two hundred and twenty-five (225) cubic 
feet of said school room space, regardless of outside atmospheric 
conditions; and heaters of all kinds shall be capable of maintain- 
ing a temperature of seventy (70) degrees Fahrenheit in all school 
rooms, halls, office rooms, laboratories and manual training 
rooms, in all kinds of weather, and maintaining in each school 
room a relative humidity of not less than forty per cent : Provided, 
That when artificial ventilation, by use of fan or blower, is adopted 
the provision as to entrance of fresh air shall be from outside of 
the building. 

It is hereby made lawful for any township trustee, board of 
school trustees and boards of school commissioners to establish 
and maintain open air schools, and when such open air schools are 
established the provisions of this act governing heating and ven- 
tilation shall not apply to such open air school rooms. 

(g) Water-Closets and Outhouses. Water-closets, or dry 
closets when provided, shall be efficient and sanitary in every 
particular and furnished with stalls for each hopper or place; and 
when said water or dry closets are not provided, then sanitary out- 
houses, well separated for the sexes, shall be provided. Good 
dry walks shall lead to all outhouses and screens or shields be 
built in front of them. Outhouses for males shall have urinals 
arranged with stalls and with conduits of galvanized iron, vitrified 
drain pipe, or other impervious material, draining into a sewer 
vault or other suitable place approved by the health authorities. 
Any agent, person, firm, or corporation, selling, trading or giv- 
ing to any township trustee, school trustee or board of school com- 
missioners, any materials, supplies, sanitary apparatus or systems, 
which when constructed or remodeled or installed, in or for any 
schoolhouse, hereafter constructed or remodeled, which does not 
in all respects comply with the provisions of this act, shall be 
guilty of a misdemeanor and upon conviction thereof, shall be 
fined in any sum not more than five hundred dollars ($500.00) to 
which may be added imprisonment in the county jail for any de- 
terminate period not more than six (6) months and shall be pun- 
ished by a further fine of not less than five dollars (S5.00) for 
each day he shall fail to comply with any order of any court hav- 



52 

ing jurisdiction for the correction of any such defects in such 
schoolhouses hereafter constructed or remodeled; and any money 
claim for the construction or remodeling, or for any materials, sup- 
plies, sanitary apparatus or systems furnished or constructed in or 
for any schoolhouse hereafter constructed or remodeled, which 
does not in every way and in all respects comply with the require- 
ments of this act, shall be null and void. (p. 94, Acts 1915.) 

The act of 1911, prohibiting the erection of schoolhouses nearer than 500 
feet of a steam raih'oad, applies only to sites that are acquired after the tak- 
ing effect of the act. School Corporation v. Heiney, 178 Ind. 1, 98 N. E. 
Rep. 628. 

Temperature^^Uncleanliness — Teachers — Penalties. 

2. Whenever, from any cause, the temperature of a school 
room falls to 60 degrees Fahrenheit or below, without the im- 
mediate prospect of the proper temperature, namely, not less than 
70 degrees Fahrenheit, being attained, the teacher shall dismiss the 
school until the fault is corrected ; and it shall also be the duty of all 
teachers to immediately send home any pupil who is perceptibly 
ill in any way, or who is unclean and emits offensive bodily odors 
or who is infested with lice or other vermin; and the truant officer 
shall arrest and prosecute parent or guardians who do not rid 
their children of vermin and bodily uncleanliness, when notified 
to do so. Refusal of parents or guardians to free their children or 
wards of vermin or to bathe and cleanse them, making them fit 
to go to school, shall be punished by a fine of not less than five 
dollars and imprisonment for ten days or both. And if the re- 
fusal or neglect of parents or guardians to bathe and cleanse their 
children or wards makes it necessary, then the truant officer, up- 
on order of the school authorities, shall have it done, the cost to be 
paid by the school authorities from the school funds. When- 
ever diphtheria, scarlet fever or other contagious and infectious 
diseases break out in any school, it shall be the duty of the town- 
ship trustee, school board, school trustee or the school authority 
or authorities having control, to have medical inspection made 
of the pupils, and all found in any degree ill, shall be sent home 
and there retained until the local health officer gives a certificate 
of health, then such child may be again admitted to school. It 
shall be unlawful for school authorities to employ teachers or 
janitors who are not able-bodied or who are addicted to drugs or 
intemperate or who has tuberculosis or syphilis. All school houses 
shall be specially cleaned and disinfected each year, before they are 



53 

used for school purposes. The cleaning shall consist in first sweep- 
ing, then scrubbing the floors, washing the windows and all wood- 
work, including the wooden parts of seats and desks, and the 
disinfecting shall be done in accordance with the rules of the state 
board of health. Township trustees, school boards and boards of 
school commissioners who neglect or refuse to obey the provisions 
of this section, shall be fined in any sum of not less than ten nor 
more than one hundred dollars, and each said refusal or neglect 
shall constitute a separate offense. (R. S. 1914, §6616 b.) 



Hygiene and Sanitary Science — Printed Data. 

3. There shall be taught in each year in the fifth grade of every 
public school in Indiana, the primary principles of hygiene and 
sanitary science, and especially shall instruction be imparted con-" 
cerning the principal modes by which each of the dangerous, com- 
municable diseases are spread, and the best sanitary methods for 
the restriction and prevention of each such disease. Hygiene may 
also be taught in other grades at the will of school authorities. 
The state health commissioner and the state superintendent of 
public instruction shall jointly write, compile or originate printed 
data in leaflet form, setting forth as plainly as possible, the 
primary principles of hygiene and sanitary science, and informa- 
tion concerning the prevention of diseases, and supply the same to 
all county superintendents, and said superintendents shall sup- 
ply all the schools in their respective counties and see to it that 
teachers do not fail to comply with this section: Provided, That 
for all cities and towns having school superintendents, the said 
leaflets and pamphlets shall be sent direct to such superintend- 
ents, who shall see to it that teachers comply with this section. 
The state printing board shall publish from its funds all health 
leaflets or pamphlets as are herein provided for, and shall also pay 
the cost of distribution of the same to the county, city or town 
superintendents, from the state printing funds. (R. S. 1914, 
§6616 c.) 

Schools— School Officers — Powers. 

4. For the purpose of enforcing this act and making it prac- 
tical, township trustees, boards of school trustees and boards of 
school commissioners shall have the power, and it is herewith made 
lawful for said trustees and said boards to make a levy not to ex- 



54 

ceed fifteen cents (15 cents) on each one hundred dollars ($100), 
the sum thus raised to be added to the special school fund, but to 
be used only for building and furnishing of schoolhouses. This 
levy shall not be made unless plainly necessary. (R. S. 1914, 
§6616 d.) 

Penalty as to Officers. 

5. Any township trustee or the members of any board of 
school trustees or any teacher or any person who violates any pro- 
vision of this act, except as herewith or otherwise provided, shall 
upon conviction, be fined not less than $50.00. (R. S. 1914, 
§6616 e.) 

Schools — Buildings Used for Public Gatherings. 

Section 1. Be it enacted hy the general assembly of the State of 
Indiana, That upon application of not less than one-half of the 
voters residing within two (2) miles of any school house or other 
public buildings or grounds, which are capable of being more wide- 
ly used as public meeting places for -non-partisan gatherings of 
citizens, for the presentation and discussion of public questions or 
for other civic, social or recreational activities, the township 
trustee or other authorities having charge of such school houses, 
public buildings or grounds shall allow the use of such buildings or 
grounds for the open presentation and free discussion of public 
questions, and may allow the use of such buildings or grounds for 
such other civic, social and recreational activities as in the opinion 
of the controlling board do not interfere with the prime purpose 
of the building or grounds. (R. S. 1914, §6614 b.) 

Buildings to be Lighted and Heated. 

Sec. 2. Where the citizens of any community are organized 
into a nonpartisan, nonsectarian, nonexclusive association for the 
presentation and discussion of public questions, the school board 
or other body having charge of the schoolhouses or other public 
properties which are capable of being used as meeting places for 
such organization, when not being used for their prime purpose, 
shall provide, free of charge, light, heat and janitor service, 
where necessary, and shall make such other provisions as may be 
necessary for the free and convenient use of such building or 
grounds, by such organization for weekly, bi-weekly or monthly 
gatherings at such times as the citizens' organizations shall request 
or designate. (R. S. 1914, §6614 c.) 



55 



Control of School Board. 



Sec. 3. The school board or other board having charge of the 
school houses or other public properties, may provide for the free 
and gratuitous use of the school houses or other public properties 
under their charge for such other civic, social and recreational ac- 
tivities, as in their opinion do not interfere with the prime use of 
the buildrngs or properties. (R. S. 1914, §6614 d.) 

Responsibility for Damages. 

Sec. 4. The person or persons making application for the use 
of a school house or other public property for public meetings, 
shall be responsible for all damage to the property occurring at 
such meetings, ordinary wear and tear excepted, and upon failure 
of the responsible person or persons to respond in damages for any 
such injury to the property, the school board or other board in 
charge of the school house or other public property, may refuse all 
future applications for the wider use of the property until such 
injury is repaired, without expense to the board in charge of the 
property. (R. S. 1914, §6614 e.) 

Repeal. 

Sec. 5. All acts and parts of acts conflicting with any pro- 
visions of this act are repealed in so far as they are inconsistent 
therewith. 

Schools — Buildings and Grounds for High Schools — County 
Commissioners Authorized to Accept. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That section one of an act entitled an act to amend the 
first section of an act to enable counties to receive donations of 
buildings and grounds for high school purposes and to provide 
for the maintenance of the same and to declare an emergency ap- 
proved February 17, 1905, be and the same is hereby amended to 
read as follows: Section 1. That whenever any person or persons 
shall donate to any county of the state, any building, or buildings, 
together with the necessary grounds, of the value of not less than 
$10,000, in counties having a population of less than twenty-five 
thousand (25,000) and of the value of twenty thousand ($20,000) 
dollars in counties having a population in excess of twenty- 
five thousand (25,000) for the purpose of maintaining a county 
high school or county agricultural school therein, it shall be the 



56 

duty of the board of county commissioners of such county to ac- 
cept such donation for the purpose herein named. (R. S. 1914, 
§6868.) 

Township high schools, sections 6584a-6584c. 

Aiding colleges and high schools by donations and appropriations, sec- 
tions 6826-6843. 

Schools — City and Township — Joint Graded School. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That section one (1) of the above entitled act be amended 
to read as follows: Section 1. That whenever twenty-five (25) 
legal voters residing in any incorporated town or city of the fifth 
class and twenty-five (25) legal voters residing in the same town- 
ship, but outside said town or said city shall petition the school 
board of said town or said city and the township trustee of the 
township in which said town or said city is located to erect a joint 
school house for a joint graded school, or a joint high school, or 
both, or such modification thereof as may be practicable, it shall 
be the duty of the school trustee of said town or said city and of 
said township trustee or a majority of them to call elections of the 
voters of the town or city and the voters of the townships resid- 
ing outside of such town or city respectively, for the purpose of 
determining whether a majority of the legal voters of each school 
corporation are in favor of building said joint school house. Such 
elections of the legal voters of the townships outside of the town or 
city shall be separate and independent. Said trustees shall, upon 
the filing of said petitions, give notice by publication, for three 
successive publications, in a weekly newspaper, if any, published 
in said township, and if no weekly is published in said township, 
then in the nearest newspaper published in said county, that on a 
day to be named by said trustee the polls will open at the several 
voting places in said township named in the petition for the pur- 
pose of taking the vote of the legal voters thereof upon whether 
such joint school house shall be built; said elections shall be held 
not less than ten (10) days nor more than twenty (20) days after 
the last publication of said notice. (R. S. 1914, §6622 a.) 

Ballots — Election Method. 

2. On the day named in said notice such polls shall be opened 
and the votes of the legal voters shall be taken upon the question of 
building such school house, and said election shall be governed by 



57 

the general laws of the state, so far as they may be applicable, 
except as otherwise provided herein. Said trustees shall constitute 
the board of election commissioners and they shall cause to be 
prepared and distributed proper ballots. There shall be printed 
on the ballots two squares and words as follows: 



YES 



NO 



For building the school house. 

For [Against] building the school house. 



Each voter desiring to vote for the building of such joint school 
house shall make a cross with a pencil in the square containing the 
word "yss," and each voter desiring to vote against the building 
of such joint school house shall make a cross in the square con- 
taining the word "no." Said trustees shall appoint inspectors, 
judges, and clerks for such elections. The votes cast at such elec- 
tions shall be canvassed at the office of the township trustee on the 
day following said election at 10 o'clock a. m., and a certificate of 
the votes cast for and against the building of said school house 
shall be filed with said trustees. If a majority of the votes cast at 
each of such elections are in favor of the building of such joint 
school house, said trustees of said school corporations shall 
proceed to build the same, and the township advisory board shall 
make the proper appropriation for the proportionate part of the 
cost of said building to be paid by said township. Said trustees 
shall provide a suitable site for said building. (R. S. 1914, §6622 b.) 

Cost of Construction — Tax Levy — Bonds Issued. 

3. The cost of the construction of such joint school house shall 
be borne by such school corporation in proportion to the total 
amount of taxable property in each of such school corporation. 
If such school town or school city shall not have money avail- 
able to pay for its proportionate part of the cost of the construc- 
tion of said joint school house, the school trustee of such town or 
such city may issue warrants or bonds of such corporation to meet 
such proportionate cost. If there are not sufficient funds avail- 
able out of the annual township levy to meet the proportionate 
cost of said school house to be paid by such township, then the 
township advisory board of s/uch township shall order bonds or 
warrants to be issued, and the township trustee shall issue town- 
ship warrants or bonds to meet such proportionate cost to be paid 



58 

by such school township. Such bonds authorized by this act shall 
be payable in such amounts and at such times as the trustees of 
said corporations respectively may determine and shall bear such 
rate of interest as may be determined, not exceeding four and one- 
half (4|) per cent. (R. S. 1914, §6622 c.) . 

Joint Ownership of Property. 

4. Any school house constructed under the provisions of this 
act shall be joint property of said corporations, and such property 
shall be owned by such corporations in proportion to the amount 
paid by each for the construction of the same, and said school shall 
be open to all pupils residing in said town or city or township free 
of tuition. The trustee of said school corporations shall have the 
control and management of said school house and school and the 
right to employ teachers in such school. Neither of said corpora- 
tions shall ever be deprived of its ownership in said building ex- 
cept upon full compensation for its proportionate interest in the 
same. (R. S. 1914, §6622 d.) 

[p. 158, Acts 1915.] 
Schools — Joint High Schools — Control. 

Section 1. That section three (3) of the above entitled act be 
amended to read as follows: Section 3. The school officials of 
any such township, townships and incorporated towns may auth- 
orize and enter into contract with the school commissioners or 
board of school trustees of any such city or incorporated town to 
provide such high school accommodations for a part or all of their 
respective townships or town corporations by the purchase of 
grounds, erection of a building or buildings or by making repairs of 
present building or addition thereto, and by equipping the same in 
accordance with existing laws governing cities and towns in such 
procedure including the issuing of notes or bonds of their respec- 
tive corporation and the payment of the same: Provided, That 
the officials of the several school corporations composing such 
high school district may by contract provide for a board of con- 
trol for such high school or schools consisting of the township 
trustee of each township and the president of the board of school 
commissioners or school trustees of each city or town included in 
such high school district which board of control shall have full 
control and management of such school or schools as may be es- 
tablished or maintained by such high school district each mem- 



59 

ber being entitled to an equal vote in such control and management ; 
and Provided, That the provision for such board of control shall 
not be effective in any high school district established by virtue 
of this law, except in such high school districts as shall contract 
for such board of control as herein provided. 

[p. 580, Acts 1915.] 

Schools — Joint Township High Schools. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That in two adjoining townships, in any county in this 
state, having a joint assessed valuation of more than seven hun- 
dred and fifty thousand dollars ($750,000.00) of taxable property, 
and wherein there is not now established, in either of said ad- 
joining townships, or in any town or city in either of said adjoin- 
ing townships, a separate high school, and in which there is not 
now established a joint high school for the use of said ad- 
joining townships, and wherein, for each of the two years last 
past, there have been eight or more graduates of the township 
elementary schools residing in each of said adjoining townships, 
the township trustees of said adjoining townships, whenever at 
least one-third or more of the parents, guardians, head of families, 
or persons, having charge of children, who were enumerated for 
school purposes in said township, at the last preceding enumera- 
tion, petition the trustees of said adjoining townships, to estab- 
lish, erect and maintain, a joint high school building and high 
school, at some point within said adjoining townships, to be set 
out and designated in said petition, shall establish, erect, and 
maintain such joint high school building and high school within 
said adjoining townships as petitioned for, and employ competent 
teachers therefor. 

Schools — Township High Schools — How Established. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That in each township of this state having an assessed 
valuation of more than six hundred thousand dollars ($600,000) 
of taxable property and wherein there is not now established a 
high school, and wherein there is not situate a city or town main- 
taining a high school, and wherein for each of the two years last 
past there have been eight or more graduates of the township 
elementary schools, residing in such township, the township 
trustee may establish and maintain therein, a high school or a 



60 

joint high school and elementary school, and employ competent 
teachers therefor; whenever a majority of parents, guardians, 
heads of families, or persons, having charge of children, who 
were enumerated for school purposes in said township, at the last 
preceding enumeration, petition the trustee of said township to 
establish and maintain a high school or joint high school and 
elementary school, said trustee shall establish and maint9,in such 
a school petitioned for. (R. S. 1914, §6584 a.) 

Amount of Taxable Property Required. 

Sec. 2. That in each township in this state having an as- 
sessed valuation of more than six hundred thousand dollars 
($600,000) of taxable property and wherein there is not now es- 
tablished a high school in such township or in any town within 
such township and where there is no high school within three 
miles of any boundary line of such township, and wherein for each 
of the two years last past there have been eight or more grad- 
uates of the township elementary schools, residing in such town- 
ship, the township trustee shall establish and maintain therein a 
high school and employ competent t^aphers therefor. (R. S. 
1914, §6584 b.) 

Location of School — Petition. 

Sec. 3. The location of such school shall be determined by the 
township trustee: Provided, That upon the petition of ten par- 
ents, guardians, heads of families, or persons, having charge of 
children who are graduates of the elementary schools and who 
were enumerated for school purposes at the last preceding enum- 
eration, for another location other than the one determined upon 
by said township trustee, the matter shall be appealed to the 
county superintendent of schools, who shall determine upon the 
location of said building and his decision shall be final, and said 
township trustee shall proceed in the execution of the provisions 
of this act. (R. S. 1914, §6584 c.) 

Schools — State Superintendent of Public Instruction — 
High School Inspector. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That the state superintendent of public instruction with 
the approval of the state board of education, shall appoint a high 
school inspector who shall act under the direction of the state 



61 

superintendent and the state board of education. The duties 
conferred by law upon the state board of education in making 
inspections of high schools shall be performed by the high school 
inspector. The high school inspector shall be paid a salary of two 
thousand five hundred dollars ($2,500) annually and he shall be 
allowed his necessary expenses while engaged in the performance 
of his duties. (R. S. 1914, §6296 a.) 

Appropriation. 

Sec. 2. An amount to pay the salary and expenses of the high 
school inspector is hereby appropriated out of the state treasury 
from moneys not otherwise appropriated. (R. S. 1914, §6296 b.) 

Schools — Term Continued. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That section one (1) of the above entitled act be amended 
to read as follows: Section 1. That in any township or incor- 
porated town in which a non-commissioned or a commissioned or 
certified high school has been or may hereafter be established, 
when the school trustee of such township or the school trustees of 
such incorporated town deem it unwise or inexpedient to continue 
the term of the elementary schools for the period required for a 
commissioned or a certified high school, said trustees are au- 
thorized to continue the non-commissioned, commissioned or 
certified high school of said school corporation for a term not to 
exceed that required for a commissioned high school. (R. S. 1914, 
§6411 a.) 

Schools — Uniform Text Books. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That the state board of education shall constitute a 
board of commissioners, for the purpose of making a selection, or 
procuring the compilation for use in the high schools of the State 
of Indiana, of text books, as prescribed in this act. 

Said board shall select single text books in the following sub- 
jects: Algebra, geometry, commercial arithmetic, history, 
United States, ancient, mediaeval and modern; civil government, 
physical geography, commercial geography, history of English 
literature, history of American literature, English composition 
and rhetoric, Latin — beginning Latin, Latin grammar, prose com- 
position, Caesar, Cicero, Virgil; German conversational method 
grammar and grammatical method grammar. 



62 

The board shall select four elective text books in each of the 
following subjects: Botany, zoology, physics, chemistry, agri- 
culture, agricultural botany. 

Said board may select single or elective text books in any ad- 
ditional subjects not included in this section, which are taught in 
any high school or any subject which may hereafter be included 
in the curriculum of any high school, whenever any high school 
shall determine to teach such subject, and whenever such selec- 
tion is made by said board, the text book so selected shall be used 
in all high schools in the State of Indiana, teaching said subject. 
(R. S. 1914, §6324 a.) 

State Board of Education^ — -Duties. 

Sec, 2. In selecting books for high schools, said board of 
commissioners shall be subject to and governed in all respects, so 
far as applicable by the provisions of an act entitled "An act en- 
titled an act to create a board of commissioners for the purpose of 
securing for use in the common schools of the State of Indiana of 
a series of text books, defining the duties of certain officers therein 
named with reference thereto, making appropriations therefor, 
defining certain felonies and misdemeanors, providing penalties 
for the violation of the provisions of said act, repealing all laws in 
confiict therewith and declaring an emergency," approved March 
2, 1889, and all amendments thereto, so far as applicable shall ap- 
ply to the selection of said text books and all matters relating 
thereto under the provisions of this act, except that the said 
board of commissioners shall have power to fix the price limit of 
any text book or series of text books. (R. S. 1914, §6324 b.) 

Schools — Text Books — Bids Called For. 

Section 1. Be it enacted hy the general assembly of the State of 
Indiana, That section 2 of the above entitled act be amended to 
read as follows: Section 2. The board of commissioners shall 
advertise for twenty-one consecutive days in two daily papers 
published in this state, having the largest circulation, that at a 
time and place to be fixed by said notice, and not later than six 
months after the first publication thereof said board will receive 
sealed proposals on the following: 

First. From publishers of school text-books, for furnishing 
books to the school trustees of the State of Indiana for use in the 
common schools of this state, as provided in this act, for a term of 



63 

five years, stating specifically in such bid the price at which each 
book will be furnished, and accompanying such bid with speci- 
men copies of each and all books proposed to be furnished in such 
bid. 

Second. From authors of school text-books, who have manu- 
scripts of books not published, for prices at which they will sell 
their manuscript, together with the copyright of such books, for 
use in the public schools of the State of Indiana. 

Third. From persons who are willing to undertake the com" 
pilation of a book or books, or a series of books, as provided for in 
section one (1) of this act, the prices at which they are willing to 
undertake such compilation of any or all of such books to the ac- 
ceptance and satisfaction of the said board of commissioners: 
Provided, That any and all bids by publishers, herein provided for, 
must be accompanied by a bond in the penal sum of fifty thousand 
dollars, with resident freehold surety, to the acceptance and satis- 
faction of the governor of this state, conditioned that if any con- 
tract be awarded to any bidder hereunder, such bidder will enter 
into a contract to perform the conditions of his bid to the accept- 
ance and satisfaction of said board: and Provided, further. That 
no bid shall be considered unless the same be accompanied by the 
affidavit of the bidder that he is in nowise, directly or indirectly, 
connected with any other publisher or firm who is now bidding for 
books submitted to such board, nor has any pecuniary interest in 
any other publisher or firm bidding at the same time, and that he is 
not a party to any compact, syndicate or other scheme whereby 
the benefits of competition are denied to the people of this state: 
And he it further provided. That if any competent author or authors 
shall compile any one or more books of the first order of excel- 
lence, and shall offer the same as a free gift to the people of this 
state, together with the copyright of the same and the right to 
manufacture and sell such works in the State of Indiana for use in 
the public schools, it shall be the duty of such board of commis- 
sioners to pay no money for any manuscript or copyright for such 
book or books on the subject treated of in the manuscript so 
donated; and such board shall have the right to reject any and all 
bids, and at their option such board shall have the right to reject 
any bid as to a part of such books, and to accept the same as to 
the residue thereof. (R. S. 1914, §6325.) 

This section is not open to the objection that it creates a monopoly. 
State V. Haworth, 122 Ind. 462, 23 N. E. Rep. 946. 



64 

Schools — Sale of Text Books — County Superintendent May 
Appoint Township Trustee or Board of School Trus- 
tees as Depository Merchants. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That section one (1) of the above entitled act be amended 
to read as follows: Section 1. That on and after the taking ef- 
fect of this act, every contract made by the state board of educa- 
tion as a state board of school book commissioners for furnishing 
school books shall provide that the county superintendent of 
schools in each county of the state shall appoint some dealer or 
merchant within the county to act as a depository for the sale and 
distribution of school books contracted for by such board of school 
book commissioners, and he shall contract with said dealer or mer- 
chant to carry a sufficient supply of said adopted books to sup- 
ply the trade in the county, and to sell the same at contract price, 
except to other dealers and merchants within the county, to whom 
he shall sell the books for cash at a discount of ten per cent. (10%) 
from the contract price. The said depository merchant or dealer 
shall also contract with said county superintendent to furnish to 
each publisher holding a contract with the State of Indiana under 
this act, satisfactory evidence of his financial responsibility, or 
furnish a surety bond covering the estimated amount of sales to be 
made by him in any year, whereupon the said contractor or pub- 
lisher shall sell to said dealer all books ordered by him at a dis- 
count of fifteen per cent. (15%) from the contract price: Pro- 
vided, That said school book depository shall pay cash to the con- 
tractor or publisher for all books received without sixty (60) 
days of the date of shipment of such books: Provided, That the 
contractor shall pay all transportation charges to the nearest 
railroad or river station to said depository. It shall be the duty of 
said depository annually in July to ascertain from the county 
superintendent and local dealers the probable number of books 
that will be needed to supply the schools for the ensuing year, and 
upon receipt of this information, he shall order said books on or 
before the first day of August in each year; and upon receipt of 
such books he shall immediately notify the local dealers and mer- 
chants, desirous of handling such books: Provided, That the coun- 
ty superintendent shall at any time, on the request of a town- 
ship trustee or the board of school trustees appoint such town- 
ship trustee or board of school trustees to act as a depository mer- 
chant or dealer for the sale and distribution of school books and in 
such case the township trustee or board of school trustees in his 



65 

capacity as depository merchant or dealer shall conform in all 
respects to the provisions of this act as they apply to any other de- 
pository merchant or dealer appointed by the county superintend- 
ent. (R. S. 1914, §6355.) 

Schools — Compulsory Attendance of Children. 

Section 1. Be it enacted hy the general assembly of the State of 
Indiana, That it shall be the duty of every parent, guardian, or 
other person, in the State of Indiana, having the control or charge 
of any child, to cause such child to attend regularly a public, 
private, or parochial day-school, or two or more of such schools, 
during each school year for a term or period not shorter than that 
of the common schools of the school corporation in this state where 
the child resides. This section shall apply to every child not 
physically or mentally disqualified as hereinafter provided, who 
shall be of the age of seven years and of not more than the age of 
fourteen years, and shall apply to every child of fourteen years or 
more and not more than sixteen years of age, who is not actually 
and regularly employed, during the hours of the common school 
of such school corporation, in a useful employment or service, or is 
not lawfully employed in a gainful service agreeably to the pro- 
visions of this act concerning the employment of children in gain- 
ful occupations. If a child otherwise subject to the provisions of 
this act shall be, as evidenced by a certificate of a reputable, duly 
licensed, and practicing physician, either physically or mentally 
unfit to attend school, then during such disability this act shall not 
apply to such child. If in the absence of such certificate, the person 
having control or charge of any child shall claim that it is so 
physically or mentally unfit, then it shall be the duty of the com- 
mon school corporation, where the child resides, to cause the child 
to be examined by such physician or physicians, and if such physi- 
cian or physicians, shall certify that such child is mentally or 
physically fit to attend school, then such child shall not be ex- 
empt from the provisions of this act, but unless they so certify 
such child shall be exempt from the provisions of this act during 
the continuance of such disability: Provided, If a child, otherwise 
subject to the provisions of this act, shall by reason of deafness, 
or partial deafness, or of blindness, or partial blindness, be unable 
to secure in the school named herein a proper education by use of 
the sense of hearing, or of the sense of sight, the parent, guardian, 
or other person having the control or charge of such children shall 
cause them between seven and eighteen years of age to attend the 

5—4343 



66 

Indiana state school for the deaf, or the Indiana school for the 
b ind, during the full scholastic terms- of said schools unless dis- 
charged therefrom by the board of trustees of either of said schools; 
and the employment under the provisions of this act of any of 
said children between the ages of seven and eighteen years during 
the school terms of said schools respectively is hereby prohibited 
unless a certificate of discharge issued by the superintendent of 
either of said schools be presented as herein provided. Applica- 
tion for admission of such children to such school, respectively, 
shall be made out in the usual form and passed upon by the board 
of trustees of said respective schools, and no child shall be per- 
mitted to enter either of said schools until the application shall 
have been accepted by the proper board of trustees, and upon the 
rejection of any child's application by either of said boards, 
neither such child nor its parent, guardian, or other person hav- 
ing control or charge of it, shall thereafter, in respect of such 
child, be subject to the provisions of this act, until such child's 
application shall be accepted. 

For the purpose of enforcing this act the age of children shall 
be established, if possible, first, by a duly verified copy of birth 
certificate or baptismal certificate or passport to be produced to 
the proper common school corporation by parents, guardians or 
other persons having control or charge of children. If neither 
such certificate nor passport exists, then the age shall be estab- 
lished by the first school enumeration in which the age of the child 
appears. If there be no such enumeration then by the affidavit 
of the parent, guardian, or other person having control or charge 
of children, and the supporting affidavit of some disinterested 
person. (R. S. 1914, §6675.) 

Age Limit — Employrnent. 

Sec. 2. No child under sixteen years of age who under the 
provisions of this act would otherwise be required to attend 
school, shall be employed in any occupation during hours wherein 
the common schools at the residence of the child are in session, 
unless the child shall have attained the age of fourteen years and 
shall have procured a certificate from the executive officer of the 
common school corporation of which the child is a resident, or 
some person designated by him, showing the age, date and place 
of birth, if known, or ascertainable, of such child and showing that 
the child has passed the fifth grade in the common schools, or its 
equivalent and a written and signed statement from the child's 



67 

employer showing that the person making it has employed or is 
about to employ, such child; and showing the place and character 
of the employment. For the purpose of making the certificate 
herein required, it shall be the duty of such common school execu- 
tive or other person designated by him, to obtain the information 
required as in section 1 of this act. If the date or place of birth 
can not be ascertained in any of these modes, then the school offi- 
cer may certify that, in his opinion, the child is fourteen years of 
age, or more, and is physically fit to undertake the work he in- 
tends to do and to issue the certificate in accordance therewith to 
the employer or prospective employer of the child. The em- 
ployer shall keep the certificate on file and shall produce it for in- 
spection and demand by any inspector of the department of in- 
spection or any other official authorized by law to inspect the 
same, and shall immediately when his employment of such child 
shall cease, in writing, notify the school corporation of that fact 
and the date thereof, on blanks to be attached to the certificate 
by the school corporation. It shall be unlawful for the employer 
to re-employ the child without a like new certificate. Such certif- 
icate having been presented to the employer, it shall not be neces- 
sary for the employer to procure another affidavit of the child's 
age for the service in the occupation mentioned in the statement 
of the employer to the school corporation. The state board of 
truancy shall define the meaning of the word occupation as used 
in this act. (R. S. 1914, §6676.) 

Attendance Officer — Duties. 

Sec. 3. Attendance officers whose appointment is by this act 
provided for, are hereby empowered and authorized to enter any 
place wherein children are employed for the purpose of determin- 
ing whether any children are so employed in violation of the pro- 
visions of this act. It shall be the duty of all parents, guardians, 
and other persons having control or charge of children, and of all 
employers of children, to furnish the attendance officers, upon re- 
quest, full information concerning children employed by them, 
and for such purpose attendance officers shall have the right to 
examine any employment certificates, notices, registers, or other 
lists concerning employed children, required by the law to be 
kept on file or posted in places where children are employed. 
(R. S. 1914, §6677.) 



68 

Schools — Attendance Officers — How Appointed. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That section four (4) of the above entitled act be amend- 
ed to read as follows: Section 4. The attendance officers men- 
tioned in this act shall be appointed on the first day in May, un- 
less said day be Sunday, and if so, on the following Monday, of 
each year and shall take office on the first day of the following 
August. The county board of education shall appoint an attend- 
ance officer for the county, who shall be known as county attend- 
ance officer, and who shall be under the county superintendent, in 
carrying out the provisions of this statute and who shall be sub- 
ject to removal from office by the county board of education for 
inefficiency, incompetency, or neglect of duty. In counties hav- 
ing a population of fewer than twenty-five thousand (25,000) 
inhabitants, according to the last preceding' United States census, 
the county board of education, shall appoint the county attend- 
ance officer, and the person so selected shall serve also as probation 
officer of such county unless the judge of the circuit court of such 
county shall appoint some other person to serve as such pro- 
bation officer. It shall be the duty of such attendance officer to 
see that the provisions of this act are complied with, and when 
from personal knowledge or by report or complaint from any resi- 
dent or teacher within the territory under his supervision, he be- 
lieves that any child, subject to the provisions of this act is habit- 
ually tardy or absent from school he shall immediately give or 
send by mail, to the parent, guardian, or other person having con- 
trol or charge of such child, a written notice that the prompt and 
regular attendance of such child at school is required, and, if 
within five (5) days after this mailing or giving of notice, the per- 
son to whom it shall be given shall not comply with the provisions 
of this statute respecting the attendance of such child at school, 
then such attendance officer shall make complaint against the 
person so notified in the juvenile court of that county, or the cir- 
cuit court acting as juvenile court, or in any court of record, set- 
ting forth the violation of the provisions of this act. But one 
notice shall be required for any one child during any one school 
year. Any person so notified who shall violate the provisions of 
this statute concerning the attendance of a child at school, shall 
be adjudged guilty of a misdemeanor and upon conviction thereof 
shall be fined not less than one dollar ($1.00) nor more than twen- 
ty-five dollars ($25.00), to which may be added in the discretion of 



69 

the court, imprisonment in the county jail for not less than two (2) 
nor more than ninety (90) days. Any attendance officer failing 
to perform any duties imposed upon him by the provisions of this 
act, shall upon conviction, be fined in the sum of five dollars 
($5.00) for each such failure, (p. 151, Acts 1915.) 

Number of Attendance Officers. 

• Sec. 5. A city having a school enumeration of 2,000 or more 
children, or two or more cities or towns in any county having a 
combined school enumeration of 2,000 or more, may, if it or they 
desire, constitute a separate district for the administration of this 
act. Cities of this state having a school enumeration of 2,000 
and less than 10,000 children, shall have but one attendance 
officer; cities of more than 10,000 and fewer than 20,000 may have 
two attendance officers; cities of 20,000 and fewer than 30,000 
may have three attendance officers; cities of 30,000 and fewer than 
40,000 may have four attendance officers; and cities of 40,000 or 
more school enumeration may have five or more attendance offi- 
cers, the number to be determined by the board of school com- 
missioners of such city. The attendance officers of cities and such 
separate districts constituted as above provided, shall enforce the 
provisions of this act in the manner mentioned in section 4 hereof 
and shall be subject to the penalties therein mentioned for failure 
in the performance of duty. The attendance officers of cities men- 
tioned in this act shall be appointed by the school trustees or 
board of school commissioners, respectively, of such city. A 
person to be eligible for appointment as county or other at- 
tendance officer, in pursuance of this act shall have completed the 
eighth grade of the state's common schools or have an education 
equivalent thereto. (R. S. 1914, §6679.) 

Per Diem. 

Sec. 6. Attendance officers shall receive from the county 
treasury two dollars for each day of actual service, to be paid by 
the county treasurer upon a warrant signed by the county auditor, 
and the county council sha'l appropriate, and the board of county 
commissioners shall allow the funds necessary to make such pay- 
ment. No warrant for the payment of such compensation to any 
attendance officer shall be issued until the attendance officer shall 
have filed, with the county auditor an itemized statement of the 
time he has been employed, and until such statement shall have 



70 

been certified by the superintendent of schools of the county or 
of the school corporation which he serves. (R. S. 1914, §6680.) 

Record of Attendance. 

Sec. 7. An accurate record of the attendance of all children 
who have reached the age of seven years and have not passed the 
age of sixteen shall be kept daily by the teacher of every school 
showing by the year, month, day of the month, and day of the 
week, such attendance. Such records shall at all times be open to 
the school authorities of the city or district and every such teacher 
shall fully answer all inquiries lawfully made by such school 
authorities or by attendance officers or other duly authorized per- 
sons. All school officers and teachers are hereby required to make 
and furnish all reports that may be required by the superintendent 
of public instruction, by the state board of truancy, or the at- 
tendance officer with reference to the workings of this act. (R. 
S. 1914, §6681.) 

State Board of Truancy. 

Sec. 8. A state board of truancy, to consist of the state super- 
intendent of public instruction, a member of the state board of 
education, designated by that board for such purpose, and the sec- 
retary of the board of state charities, is hereby created. Said 
board shall have power to determine the special educational re- 
quirements to be possessed by all persons appointed as attend- 
ance officers and shall take such steps toward the uplift, unifica- 
tion, and systematization of methods of attendance work in this 
state as may be deemed proper by them and shall have all powers 
specified in this act; and shall have power and be charged with the 
duty and responsibility of administering this act, defining the 
meaning of the terms used herein and setting up such standards, 
rules, regulations, and procedure under the provisions of this act 
as may be necessary from time to time to carry the same into ef- 
fect and which local authorities charged with the administration 
of this act shall be required to follow. (R. S. 1914, §6682.) 

Assistance Furnished. 

Sec. 9. If any parent, guardian, or other person having con- 
trol or charge of any child, who is subject to the provisions of this 
act, does not have sufficient means to furnish such child with 
books and clothing necessary to the attendance upon school, then 



71 

the school corporation where such child resides shall furnish it 
temporary aid for such purpose, which aid shall be allowed and re- 
paid to such school corporation upon the certificate of the execu- 
tive officer of such school corporation, by the township overseer of 
the poor in the manner provided by law for the relief of the poor. 
Such certificate shall be accompanied by such information as will 
enable the overseer of the poor to make the reports required by 
law governing the relief of the poor. (R. S. 1914, §6683.) 

Separate Schools for Incorrigibles. 

Sec. 10. All common school corporations in this state are 
hereby empowered to maintain, either within or without the cor- 
porate limits of such corporation, a separate school for incorrigible 
and truant children. Any child who shall be a truant or incorri- 
gible may be conipelled by the school corporation to attend such 
separate school for an indeterminate time. (R. S. 1914, §6684.) 



Confirmed Truant. 

Sec. 11. Any child, subject to the provisions of this act 
who habitually absents itself from school may be declared by the 
attendance officer and superintendent of schools of the county or of 
the city where it resides a confirmed truant. Such confirmed 
truant may be sentenced by the judge of the juvenile court, or by 
the judge of the circuit court acting as judge of the juvenile court 
or by the judge of any court of record, if a boy, to the Indiana 
boys' school, or if a girl, to the Indiana girls' school provided such 
child is within the age limit set for admission to such institutions. 
If deemed advisable by the judge such incorrigible child may be 
sent to such other custodial institution within the state as the 
judge may designate. Its maintenance in such institution shall be 
paid as the law provides for the maintenance of dependent chil- 
dren committed by the court to such custodial institutions. In all 
cases where a child is so committed to an institution it shall be 
placed in charge of the probation officer or some other person desig- 
nated by the court, to be conveyed under his direction to the desig- 
nated institution, and the actual necessary expense thereby in- 
curred shall be paid by the board of county commissioners. A 
woman shall always be sent as such attendant with girls so com- 
mitted. (R. S. 1914, §6685.) 



72 

Expenses — Special Levy. 

Sec. 12. For the defraying of the expenditures necessary in 
the carrying out of the provisions of this statute, common school 
corporations of this state are empowered to levy in addition to 
any and all sums otherwise provided by law an amount of special 
school revenue not exceeding five cents on each $100.00 of tax- 
able property, and such taxes shall be levied and collected as other 
special school revenues. (R. S. 1914, §6685 a.) 

Duties of Enumerators. 

Sec. 13. In order that the provisions of this act may be more 
definitely enforced, it is hereby provided that the enumerators of 
school children, in taking the annual school census shall ascertain 
and record the place and date of birth of every child enumerated, 
and the parent, guardian, or other persons having control or charge 
of such children, shall subscribe and take oath or affirmation that 
such record is true to the best of his information, knowledge, or be- 
lief. The enumerator is hereby empowered to administer such 
oath or affirmation and any parent, guardian, or other person hav- 
ing control or charge of children, who shall refuse to take such oath 
or affirmation, unless the refusal be based upon the want of knowl- 
edge, information, or belief, shall be adjudged guilty of a mis- 
demeanor, and upon conviction thereof shall be fined in any sum 
not less than one dollar ($1.00). (R. S. 1914, §6685 b.) 

Information for Attendance Officer. 

Sec. 14. On or before the first day of each school year the 
executive officer of each school corporation shall furnish the at- 
tendance officer thereof with the names of the children, subject to 
the provisions of this act, who are enumerated in the regular 
enumeration lists. These names shall be alphabetically ar- 
ranged, and such official shall give to the attendance officer all in- 
tormation contained in the regular enumeration returns concern- 
ing the children so listed. The county and each school corpora- 
tion, shall provide its own attendance officers with the necessary 
postage and such blanks as may be required by the state board of 
truancy or the state superintendent of public instruction pertain- 
ing to the due execution of the duties of such attendance officers. 
(R. S. 1914, §6685 c.) 



73 

Penalty. 

Sec. 15. Any parent, guardian, or other person having con- 
trol or charge of children who shall permit the employment of any 
child in violation of section 2 of this act and any one who shall 
employ a child in violation of that section and any person who shall 
violate any provision of this act, for which offense no penalty is 
hereinbefore denounced, shall be guilty of a misdemeanor and upon 
conviction thereof shall be fined not less than ten dollars, nor more 
than fifty dollars. (R. S. 1914, §6685 d.) 

Repeal. 

Sec. 16. The statute of 1901, in force March 11, 1901, (ses- 
sion laws of 1901, page 470) entitled "An act concerning the educa- 
tion of children," and all acts supplemental thereof and amenda- 
tory thereto, and all other laws and parts of laws in so far as in 
conflict to the provisions of this act, are hereby repealed, (p. 624, 
Acts, 1913.) 

Vocational Education. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, The following words and phrases as used in this act shall, 
unless a different meaning is plainly required by the context, have 
the following meanings : 

1. "Vocational education" shall mean any education the con_ 
trolling purpose of which is to fit for profitable employment. 

2. "Industrial education" shall mean that form of voca- 
tional education which fits for the trades, crafts and wage-earn- 
ing pursuits, including the occupation of girls and women carried 
on in stores, workshops, and other establishments. 

3. "Agricultural education" shall mean that form of voca- 
tional education which fits for the occupations connected with the 
tillage of the soil, the care of domestic animals, forestry and other 
wage-earning or productive work on the farm. 

4. "Domestic science" education shall mean that form of 
vocational education which fits for occupations connected with the 
household. 

5. "Industrial, agricultural or domestic science school or de- 
partment" shall mean an organization of courses, pupils and 
teachers designed to give either industrial, agricultural or domestic 
science education as herein defined, under a separate director or 
head. 



74 

6. "Approved industrial, agricultural or domestic science 
school or department" shall mean an organization under a sep- 
arate director or head, of courses, pupils and teachers approved 
by the state board of education designed to give either industrial, 
agricultural or domestic science education as herein defined. 

7. ''Evening class" in an industrial, agricultural or domestic 
science school or department shall mean a class giving such train- 
ing as can be taken by persons already employed during the work- 
ing day, and which in order to be called vocational must in its in- 
struction deal with the subject-matter of the day employment, and 
be so carried on as to relate to the day employment; but evening 
classes in domestic science relating to the home shall be open to all 
women over seventeen who are employed in any capacity during 
the day. 

8. "Part-time classes" in an industrial, agricultural or domes- 
tic science school or department, shall mean a vocational class 
for persons giving a part of their working time to profitable em- 
ployment and receiving in the part-time school or department, in- 
struction complementary to the practical work carried on in such 
employment. To give a part of their working time such persons 
must give a part of each day, week or longer period to such jDart- 
time class during the period in which it is in session. (R. S. 1914, 
§6641 a.) 

"Shall" — Generally it is the presumption that the word "shall," as used 
in a given law, is to be construed in an imperative sense, unless a different 
legislative intent clearly appears from the context or manifest purpose of the 
act as a whole. State of Indiana, ex rel. Simpson et al. v. Meeker et al., 
182 Ind. 240. 

Establishment of Schools. 

Sec. 2. Any school city, town or township may through its 
board of school trustees or school commissioners or township trus- 
tee, establish vocational schools or departments for industrial, 
agricultural and domestic science education in the same manner as 
other schools and departments are established and may maintain 
the same from the common school funds or from a special tax 
levy not to exceed 10 cents on each $100 of taxable property, or 
partly from the common school funds and partly from such tax. 
School cities, towns and townships are authorized to maintain 
and. carry on instruction in elementary domestic science, in- 
dustrial and agricultural subjects as a part of the regular course 
of instruction. (R. S. 1914, §6641 b.) 



75 



Classes — How Divided. 



Sec. 3. In order that instruction in the principles and prac- 
tice of the arts may go on together, vocational schools and de- 
partments for industrial, agricultural and domestic science edu- 
cation may offer instruction in day, part-time and evening classes. 
Such instruction shall be of less than college grade and be de- 
signed to meet the vocational needs of persons over 14 years of 
age who are able to profit by the instruction offered. Attend- 
ance upon such day or part-time classes shall be restricted to 
persons over 14 and under 25 years of age; and upon such even- 
ing classes to persons over 17 years of age. (R. S. 1914, §6641 c.) 

Co-operative Schools. 

Sec. 4. Two or more school cities, towns or townships or com- 
binations thereof, may co-operate to establish and maintain vo- 
cational schools or departments for industrial, agricultural or 
domestic science education or in supervising the same, whenever 
the school board or township trustees of such school cities, towns 
or townships shall so determine and apportion the cost thereof 
among the cities, towns and townships co-operating. Whenever 
such co-operative schools or departments have been determined 
upon by any school cities, towns or townships, or combination 
thereof, the presidents of the school boards of the cities or towns 
and the township trustees of the townships co-operating shall con- 
stitute a board for the management of such school or department, 
such board may adopt for a period of one year or more, a plan 
of organization, administration and support for such school or de- 
partment and the plan, if approved by the state board of education 
shall constitute a binding contract between cities, towns and town- 
ships entering into a co-operation to support such schools and 
courses which shall be cancelled or annulled only by the vote of a 
majority of the school boards or township trustees of such school 
cities, towns or townships and the approval of the state board of 
education. (R. S. 1914, §6641 d.) 

Studies — How Outlined. 

Sec. 5. Elementary agriculture shall be taught in the grades 
in all town and township schools ; elementary industrial work shall 
be taught in the grades in all city and town schools, and elemen- 
tary domestic science shall be taught in the grades in all city, 
town and township schools. The state board of education shall 



76 

outline a course of study for each of such grades as they may de- 
termine which shall be followed as a minimum requirement. The 
board shall also outline a course of study in agriculture, domestic 
science and industrial work, which they may require city, town and 
township high schools to offer as regular courses. After Septem- 
ber 1, 1915, all teachers required to teach elementary agriculture, 
industrial work or domestic science shall have passed an examin- 
ation in such subjects prepared by the state board of education. 
(R. S. 1914, §6641 e.) 

State Board of Education — Duties. 

Sec. 6. The state board of education is hereby authorized 
and directed to investigate and to aid in the introduction of in- 
dustrial, agricultural and domestic science education, to aid 
cities, towns and townships to initiate and superintend the estab- 
lishment and maintenance of schools and departments for the 
aforesaid forms of education; and to supervise and approve such 
schools and departments, as hereinafter provided. The board of 
education shall make a report annually to the general assembly de- 
scribing the condition and progress of industrial, agricultural and 
domestic science education during the year and making such rec- 
ommendations as they may deem advisable. (R. S. 1914, §6641 f.) 

State Board Comprised of. 

Sec. 7. The state board of education shall consist of the sup- 
erintendent of public instruction, the presidents of Purdue uni- 
versity, the State university and the State normal school, the sup- 
erintendents of schools of the three cities having the largest 
enumeration of children for school purposes annually reported to 
the state superintendent of public instruction, as provided by law, 
three citizens actively engaged in educational work in the state, at 
least one of whom shall be a county superintendent of schools, 
and three persons actively interested in, and of known sympathy 
with, vocational education, one of whom shall be a representa- 
tive of employes and one of employers. 

The governor shall appoint the members of the board, except 
the ex officio members, for a term of four years. 

In the first instance one member shall be appointed for two 
years, one for three years and one for four years. The present 
appointive members shall serve until the expiration of the time for 
which they were appointed. The governor shall fill all vacancies 



77 

occurring in the board for the unexpired term, and each member 
shall serve until his successor shall have been appointed and 
qualified. 

The superintendent of public instruction shall, ex officio, be 
president of the board, and in his absence the members present 
shall elect a president pro tempore. The board shall elect one of 
its members secretary and treasurer, who shall have the custody 
of its records, papers and effects, and shall keep minutes of its 
proceedings. The records, papers, effects and minutes shall be 
kept at the office of the superintendent, and shall be open for in- 
spection. The board shall meet upon the call of the president, or a 
majority of its members, at such place in the state as may be 
designated in the call. They shall adopt and use a seal, on the 
face of which shall be the words ^'Indiana state board of educa- 
tion," or such other device or motto as the board may direct, an 
impression and written description of which shall be recorded on 
the minutes of the board and filed in the office of the secretary 
of state, which seal shall be used for the authenticaton of the acts 
of the board and the important acts of the superintendent of 
public instruction. 

The board shall have all the powers and perform all the duties 
now imposed by law on the state board of education. (R. S. 1914, 
§6641 g.) 

Appointments — How Made. 

Sec. 8. The state superintendent of public instruction, with 
the advice and approval of the state board of education, shall ap- 
point a deputy superintendent in charge of industrial and domestic 
science education who shall act under the direction of the state 
superintendent of public instruction in carrying out the provisions 
of this act. The salary and term of office of such deputy shall be 
fixed by the board and he shall be removable by the board only for 
cause. 

The state superintendent, with the approval of the state board 
of education, is authorized to co-operate with Purdue university 
in the appointment of some person actively connected with the 
agricultural extension work at Purdue as an agent in supervising 
agricultural education, who shall serve in a dual capacity as an 
agent of the state superintendent and an assistant at Purdue uni- 
versity. The board and the authorities of Purdue university may 
fix the proportion of the salary of such agent to be borne by the 
state and by the university. Such person shall be subject to re- 
moval for cause by the state board of education. 



78 

All expenses incurred in discharge of their duties by deputies 
and agents shall be paid by the state from funds provided for in 
this act. (R. S.^ 1914, §6641 h.) 

Advisory Committee. 

Sec. 9. Boards of education or township trustees administer- 
ing approved vocational schools and departments for industrial, 
agricultural or domestic science education, shall, under a scheme 
to be approved by the" state board of education, appoint an ad- 
visory committee composed of members representing local trades, 
industries and occupations. It shall be the duty of the advisory 
committee to counsel with and advise the board and other school 
officials having the management and supervision of such schools 
or departments. (R. S. 1914, §6641 i.) 

Admission to Schools — To Whom Made. 

Sec. 10. Any resident of any city, town or township in In- 
diana, which does not maintain an approved vocational school or 
department for industrial, agricultural or domestic science educa- 
tion offering the type of training which he desires, may make ap- 
plication for admission to such school or department maintained 
by another city, town or township or any school of secondary 
grade maintaining an approved industrial, agricultural or domes- 
tic science school or department. The state board of education, 
whose decision shall be final, may approve or disapprove such 
application. In making such decision the board shall take into 
consideration the opportunities for free vocational training in the 
community in which the applicant resides; the financial status of 
the community; the age, sex, preparation, aptitude and previous 
record of the applicant, and all other relevant circumstances. 

The school city or town or township in which the person re- 
sides, who has been admitted as above provided, to an approved 
vocational school or department for industrial, agricultural or 
domestic science education, maintained by another city, town or 
township or other school, shall pay such tuition fee as may be 
fixed by the state board of education, and the state shall reim- 
burse such school city or town or township as provided for in this 
act. If any school city or town or township neglects or refuses to 
pay for such tuition, it shall be liable therefor in an action of con- 
tract to the school city or town or township or cities and towns and 
townships or other school maintaining the school which the pupil 



with the approval of the said board attended. (R. S. 1914, 
§6641 j.) 

Compulsory Attendance. 

Sec. 11. In case the board of education or township trustee 
of any city, town or township have estabHshed approved voca- 
tional schools for the instruction of youths over fourteen years of 
age who are engaged in regular employment, in part-time classes, 
and have formally accepted the provisions of this section, such 
board or trustee are authorized to require all youths between the 
ages of fourteen and sixteen years who are regularly employed, to 
attend school not less than five hours per week between the hours 
of 8 a. m. and 5 p. m. during school term. (R. S. 1914, §6641 k.) 

County Agent — Petition. 

Sec. 12. Whenever twenty or more residents of a county, who 
are actively interested in agriculture, shall file a petition with the 
county board of education for a county agent, together with a de- 
posit of $500.00 to be used in defraying expenses of such agent, 
the county board of education shall file said petition, within thirty 
days of its receipt, with the county council, which body shall, upon 
receipt of such petition, appropriate annually the sum of $1,500.00 
to be used in paying the salary and other expenses of said county 
agent. When the county appropriation has been made the coun- 
ty board of education shall apply to Purdue university for the ap- 
pointment of a county agent whose appointment shall be made 
annually and be subject to the approval of the county board of 
education, and the state board of education. When such appoint- 
ment has been made, there shall be paid annually from the state 
fund provided for in this act, to Purdue university, to be paid to 
the county providing for a county agent, an amount sufficient to 
pay one-half the annual salary of the county agent appointed as 
herein provided : Provided, That not more than $1,000 shall be ap- 
propriated to any one county: Provided, further, That not more 
than thirty (30) counties during the year ending September 30, 
1914; and sixty (60) counties during the year ending September 30, 
1915, shall be entitled to state aid. It shall be the duty of such 
agent, under the supervision of Purdue university, to co-operate 
with farmers' institutes, farmers' clubs and other organizations, 
conduct practical farm demonstrations, boys' and girls' clubs and 
contest work and other movements for the advancement of agri- 



80 

culture and country life and to give advice to farmers on prac- 
tical farm problems and aid the county superintendent of schools 
and the teachers in giving practical education in agriculture and 
domestic science. The county board of education is hereby au- 
thorized to file monthly bills covering salary and expenses of 
county agent, the same to be approved by Purdue university, 
with the county auditor who shall draw his warrant or warrants 
on the county treasurer for the payment of same. (R. S. 1914, 
§6641 1.) 

In view of Par. 1, Art. 8, of the Constitution making it the duty of the 
legislature to encourage by all suitable means, moral, intellectual, scientific 
and agricultural improvement, and to provide by law for a general and uni- 
form system of public schools and in view of the purpose of the act of 1913, 
known as the Vocational Education Law, to meet existing industrial and social 
problems by an adaptation of the public schools to the needs of the peo- 
ple, Par. 12 of the act providing for the appointment of a county agent to as- 
sist in giving practical education in agriculture, and for making appropria- . 
tions of money for the purpose, is not invalid as conferring a special privilege 
on an arbitrary class of persons, since, while it provides only for agricultural 
education, other sections of the act provide for vocational education along 
other lines. 

The Vocational Education Law is designed to operate uniformly in all 
parts of the state where the same circumstances and conditions exist, and 
the uniformity of operation is not destroyed by the mere fact that Par. 12 of 
the act providing for county agents to assist in giving practical education in 
agriculture, designates a different method for determining the need for that 
kind of education. 

Section 12 of the Vocational Education Law providing that the county 
council shall, upon the filing of a petition for the appointment of a county 
agent to assist in agricultural education, make a certain appropriation of 
money for that purpose, is mandatory, and hence mandamus wiD lie to 
compel the council to make the appropriation. State of Indiana, ex rel. 
Simpson et al. v. Meeker et al., 182 Ind. 240. 

County Council can be mandated to appropriate salary for county genta, 
when same has been properly appointed. Comer v. State, 110 N. E. Rep. 984. 

Cities and Towns — Reimbursed. 

Sec. 13. Vocational schools or departments for industrial, 
agricultural and domestic science education shall so long as they 
are approved by the state board of education as to organization, 
location, equipment, courses of study, qualifications of teachers, 
methods of instruction, conditions of admission, employment of 
pupils and expenditures of money, constitute approved vocational 
schools or departments. School cities and towns and townships 
maintaining such approved vocational schools shall receive reim- 
burs as ementprovided in this act. (R. S. 1914, §6641 m.) 



81 

State Maintenance. 

Sec 14. The state, "n order to aid in the maintenance of ap- 
proved vocational schools or departments for industrial, agri- 
cultural and domestic science education, shall, as provided in this 
act, pay annually to school cities and towns and townships main- 
taining such schools and departments an amount equal to two- 
thirds of the sum expended for instruction in vocational and tech- 
nical subjects authorized and approved by the state board of 
education. Such cost of instruction shall consist of the total 
amount raised by local taxation and expended for the teachers of 
approved vocational and technical subjects. School cities and 
towns and townships that have paid claims for tuition in approved 
vocational schools shall be reimbursed by the state as provided in 
this act, to the extent of one-half the sums expended by such school 
cities and towns and townships in payment of such claims. 
(R. S. 1914, §6641n.) 

Claims for Reimbursement. 

Sec. 15. Any school city, town or township having claims 
for reimbursement against the state under the provisions of this 
act shall present the same to the state board of education on or 
before July 1st of each year immediately following the com- 
pletion of the work for which they are entitled to reimbursement 
from the state. The board shall if they approve the claim au- 
thorize its payment by the auditor of state who shall thereupon 
draw his warrant on the treasurer of state for the payment of the 
amount due such school city, town or township, from the fund 
provided in this act. (R. S. 1914, §6641 o.) 

Annual Levy. 

Sec 16. To provide a state fund to carry out the provisions 
of this act, there shall be levied annually as a part of the state 
common school levy an additional levy of one cent on each one 
hundred dollars of taxable property in the state, which shall con- 
stitute a fund for the purposes of this act. Any part of the fund 
remaining at the close of any fiscal year shall be placed by the 
treasurer of state in a permanent fund for vocational education, 
the proceeds of which shall be used to aid in carrying out the pro- 
visions of this act. (R. S. 1914, §6641 p.) 

6 — 4343 



82 

Salaries and Expenses. 

Sec. 17. A sum sufficient to pay the salaries and expenses of 
the deputies, agents and employes in carrying out the provisions 
of this act, and an amount sufficient to carry out the provisions of 
section 12 is hereby appropriated annually for two years, to be 
available on and after April 1, 1913. Thereafter all salaries 'and 
expenses shall be paid from the fund provided for in this act. 
(R. S. 1914, §6641 q.) 

When Effective. 

Sec. 18. This act shall take effect as to the provisions for 
state aid to approved vocational schools at the beginning of the 
school year 1914-1915. All other provisions of this act, includ- 
ing the provisions for a county agent, as provided in section 12, 
shall be in force from and after its publication, (p. 46, Acts 1913.) 

Repeal. 

Sec. 19. All laws and parts of laws in conflict herewith are 
hereby repealed, (p. 46, Acts 1913.) 

[p. 153, Acts 1915.] 
Schools — Cities First Class — Non-residents — Vocational 
Schools. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That any common school corporation, in a city of this 
state having a population of more than one hundred thousand ac- 
cording to the last preceding United States census, which has es- 
tablished, or shall establish, according to law, vocational, trade 
and industrial schools in such city, may admit to such schools non- 
residents of the State of Indiana on the payment of reasonable 
laboratory and shop fees and a tuition fee of not more than the 
cost to said school corporation, per pupil, of conducting such vo- 
cational, trade and industrial schools: In estimating such cost the 
school corporation shall include nothing as a return or interest on 
capital invested in buildings, grounds or equipment or for interest 
on any bonds or on other obligations. 

Property in Trust — Bonds Issued. 

Sec. 2. Any common school corporation in a city of this state 
having a population of more than one hundred thousand, accord- 



83 

ing to the last preceding United States census, may accept prop- 
erty in trust to be used for common school, or vocational, trade or 
industrial school purposes, or for library purposes, and, as trustee, 
whether made such trustee by appointment of a court or by the 
founder of the trust, may perform such trust by using the trust prop- 
erty, consistently with the terms of the trust, in conducting schools 
or vocational, trade or industrial schools or libraries. If any such 
school city shall, by a resolution, or other formal corporate ac- 
tion, of its board of school commissioners, accept real estate or 
other property in trust, as above stated, and the trust property 
shall, at the time of acceptance, be subject to liens or charges of 
any kind which shall be in sums not greater in their aggregate 
amount than fifty (50) per cent, of the then fair cash value of the 
full fee simple title of the trust property, were it free of the trust, 
and such value shall have been ascertained by written appraisal 
made by three disinterested residents of such city selected by such 
board of school commissioners, then, and in that event, the school 
city is hereby authorized, in its discretion, to pay off and discharge 
such liens or charges, or any part or parts thereof, and to make such 
payment at one time, or from time to time. For the purpose 
of raising money to pay off and discharge any such liens or charges 
and to erect and equip buildings on the trust real estate needed in 
the due execution of the trust, such school city is hereby given 
power, to be exercised at its discretion, to borrow money, and, from 
time to time, as required, to issue its bonds therefor in any sum 
needed for one or both of such purposes, but there shall not be 
outstanding at any one time bonds issued under the authority of 
this act in a principal sum greater than three hundred thousand 
dollars ($300,000). The power to issue such bonds shall be a con- 
tinuing power and new issues for like purposes, in performing the 
same trust, or other trusts such as are herein mentioned, may be 
made when necessary, but at no time shall this power be executed 
while there shall be bonds issued under this power of three hun- 
dred thousand dollars ($300,000) principal outstanding, nor at 
any time to an amount which, added to such bonds then out- 
standing, would make an aggregate principal of more than 
$300,000. No bond, issued under the authority of this act, shall 
be delivered until the money therefor shall have been paid to the 
treasurer of the school city, issuing it; and interest thereon shall 
not begin to accrue before the time of such delivery. Such bonds 
shall bear interest at a rate of not more than four and one-half 
(4|^) per cent, per annum, and the interest shall be payable 



84 

semi-annually. The bonds shall be sold by the school city issu- 
ing them at not below par and shall mature not more than forty- 
five (45) years from their date and they shall be known as "educa- 
tional trust bonds", and may be made to mature at one time or at 
different times, as the school city may choose. 

Preparatory to offering any such bonds for sale such school 
c ty, by its board of school commissioners, shall give notice, for not 
less than three (3) weeks, of the date and place fixed for the sale 
and in the notice shall give a brief description of the bonds and of 
the mode of bidding and invite bids. Such notice shall be by ad- 
vertisement for three weeks by publication, one time in one news- 
paper published in the city wherein the school corporation is 
located and one time in one newspaper published in the city of New 
York, and by such other method of advertising, if any, as the 
board of school commissioners may prescribe. The board shall 
sell the bonds to the highest and best bidder, reserving, however, .in 
its advertisements and notices, the right to reject any and all 
bids. 

The proceeds arising from all sales of bonds, made in pur- 
suance of this act, shall be kept in a separate fund and be known 
as "educational trust bond fund", and shall be used only for one 
or more of the purposes hereinbefore referred to as objects for 
which such bonds are hereby authorized to be issued. 

Additional High School Buildings — Bonds May be Issued. 

Sec. 3. Be it further enacted by the general assembly of the State 
Indiana, That the common school corporation in any city of this 
state of more than one hundred thousand inhabitants, according 
to the last preceding United States census, when, by reason of the 
crowded condition of its schools, a necessity arises for providing 
additional high school buildings, in such school city and when 
the school city shall, by formal resolution adopted and spread 
upon its minutes declare that such need exists and that such school 
city has not and will not have the means to build or equip the 
new building or to purchase the ground on which to locate the 
same and shall declare to what extent the school city's available 
means will fall short of meeting such needs then, and in that event, 
it shall be lawful for said school city to borrow money and issue 
the bonds of said school city, to the amount of such deficit, but 
not in a principal sum greater than one hundred and fifty thou- 
sand dollars in the case of any one such additional high school 



85 

building. Such bonds shall be known as "additional high school 
bonds". They shall bear interest at a rate of not more than four 
and one-half (4^) per cent, per annum, interest payable semi- 
annually; shall be sold for not less than par and shall mature at 
not more than forty-five (45) years from their date and may be 
made to mature all at one time or at different times. No bond so 
to be issued shall be delivered to the purchaser until the price 
therefor shall be paid to the treasurer of said school city, and no 
interest shall accrue thereon before such delivery. Such bonds 
shall be payable to bearer and shall be of the general form usual in 
municipal coupon bonds. Preparatory to offering such bonds for 
sale such school city shall give notice for not less than three (3) 
weeks of the date fixed for the sale of such bonds with a brief 
description thereof and of proposals therefor. Such notice shall 
be given by advertisement by one insertion in at least one news- 
paper published in the city wherein said school corporation is 
situate, and by one insertion in at least one newspaper published 
in the city of New York, and by such other advertisements as the 
school city may choose. The bonds shall be sold to the highest 
and best bidder and the right shall be reserved to the school city 
in all the said notices, to reject any and all bids. 

The proceeds arising from such sale shall be used for no pur- 
pose other than an additional high school building, viz.: for the 
purchase of grounds for and the erection and equipping of addi- 
tional buildings for high schools. The powers hereby given to is- 
sue bonds for the particular purposes herein enumerated shall be 
in addition to all other bond issuing power given by statute to such 
school cities. 

Pending Litigation. 

Sec. 4. Nothing in this act contained shall be construed to 
affect any litigation pending at the time of its passage or in itself 
to authorize any such school city to act as trustee under any ap- 
pointment heretofore made or made hereafter in any litigation 
now pending. 

Schools — Agricultural and Domestic Science — Petition — 
Levy. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That whenever twenty-five (25) per cent, of the legal 
voters of any township, in the State of Indiana, wherein is sit- 



86 

uated a township high school, shall petition the township trustee, 
of such township, for the erection, construction and equipping of a 
room or building upon the grounds or real estate upon which such 
high school is situate, in which to teach and instruct the students 
of such township in the arts of agriculture, domestic science, or 
physical or practical mental culture, and in which to hold school 
or township entertainments, or to be used for township purposes, 
the township trustee, with the concurrence of the advisory board 
of such township, shall be authorized and empowered to provide 
such room or building, as may best suit such needs in such town- 
ship, by erecting, building and equipping such room oi building, 
as aforeasid, to meet the requirements and necessities therefor. 
(R. S. 1914, §6623 h.) 

Buildings — Bonds Issued. 

Sec. 2. For the purpose of raising funds for the building and 
construction of such room or building, as is provided in section 1 
of this act, the township trustee of such township is hereby au- 
thorized and empowered, with the concurrence and sanction of 
the advisory board of such township, to issue and sell the bonds of 
such township in an amount sufficient to pay for the construc- 
tion and equipping of such room or building, and to levy a tax on 
the taxable property of such township in an amount sufficient to 
discharge and satisfy such bonds so issued and sold; provided, 
such bonds shall be in equal series, and shall fall due, one each year, 
for a period of ten (10) years: Provided^ further, That an amount 
not exceeding one (1) per cent, of the total amount of taxable 
property of any township may be used and expended for the pur- 
pose of carrying out the provisions of this act. (R. S. 1914. 
§6623 i.) 

Township Trustee — Maintenance. 

Sec. 3. The township trustee, of any township, in the State of 
Indiana, shall, by the provisions of the act being first complied 
with, shall cause such room or building to be constructed and 
equipped for the teaching and instruction of agriculture science, 
domestic science, physical culture, practical mental culture, or in 
which to hold an}^ school or township entertainments, or for other 
township purposes, may, and he is hereby authorized and em- 
powered to maintain such room or building, for the purpose afore- 
said, and to make a levy of taxes, on the taxable property of such 



87 

township/ sufficient to raise the necessary funds with which to 
maintain such room or building, and to conduct therein the 
courses Of instruction mentioned herein. (R. S. 1914, §6623 j.) 

Rats — Extermination — Teaching Hygiene in Schools. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That it shall be unlawful for any person, firm, co-partner- 
ship, company or corporation owning, leasing, occupying, pos- 
sessing or having charge of any land, place, building, structure, 
stacks or quantities of wood, hay, corn, wheat, or other grains or 
materials, or any vessel or water craft, to permit the same to be- 
come rat infested, and it shall be the duty of any such person, firm 
co-partnership, company, or corporation, upon any knowledge or 
notice, to at once proceed and to continue in good faith to en- 
deavor to exterminate and destroy such rats by poisoning, trap- 
ping and other appropriate means, such as may be suggested by 
the state board of health or the local health officers. And it shall 
be the duty of the trustees of the several townships and the boards 
of school trustees of the several cities and towns in the state, to 
make provisions in the public schools under their jurisdiction for 
the illustrative teaching of the anatomy, physiology and hygiene 
of the human system; the effects of alcohol and nicotine; the cause 
and course of consumption; the dissemination of diseases by rats, 
flies and mosquitoes and the effects thereof, and the prevention of 
diseases by the proper selection and consumption of food. (R. 
S. 1914, §7648].) 

State Board of Health — Inspectors — Duties. 

Sec. 2. The state board of health and inspectors appointed 
by such board and local health officers and inspectors appointed 
for the purpose, as hereinafter provided, shall have authority and 
shall be permitted to enter into and upon all lands, places, build- 
ings, structures, vessel or water craft for the purpose of ascertain- 
ing whether the same are infested with rats and whether the 
requirements of this act as to extermination and destruction 
thereof are being complied with: Provided, That no building 
occupied as a dwelling, hotel or rooming house shall be entered 
for such purpose except between the hours of 9 o'clock in the fore- 
noon and 5 o'clock in the afternoon of any day. (R. S. 1914, 
§7648 k.) 



88 

Appropriation — County Commissioners. 

Sec. 3. The board of county commissioners, with the consent 
of the county council, of each county, and the town board of any 
town or the common council of any city, whenever it may by 
resolution determine that it is necessary for the preservation of the 
public health or to prevent the spread of contagious or infectious 
disease, communicable to mankind, or when such board shall so 
determine that it is necesary to prevent great damage to crops, 
grain, food or other property, may appropriate moneys for the 
purchase of, and may purchase, poison, traps and other materials 
for the purpose of eliminating and destroying rats in such coun- 
ty, town or city, and may employ and pay inspectors, who shall 
have authority to and shall prosecute such work of extermination 
and destruction under the direction of such board or the local 
health officer, or board of health, on both private and public 
property, in such county, town or city, and such inspectors shall 
have authority, when necessary, to carry out the provisions of this 
act, to dig into the grounds, to remove parts of floors, walls or 
other parts of buildings or structures, or to remove, from one place 
to another on the premises, any other property when reasonably 
necessary to do so: Provided, That such inspector or inspectors, 
after taking the necessary steps for the discovery and destruction 
of rats on any premises, shall restore the said premises, as far as 
may be reasonably practicable, to the condition in which the 
same were found. (R. S. 1914, (7648 1.) 

Expense of Extermination — Lien. 

Sec. 4. Whenever any person, firm, co-partnership, company, 
or corporation owning, leasing, occupying, possessing or having 
charge of any land, place, building, structure, stacks or quanti- 
ties of wood, hay, corn, wheat or other grains or materials, or any 
vessel or water craft, which is infested with rats, shall fail, neglect 
or refuse to proceed and continue to endeavor to exterminate and 
destroy such rats, as herein required, it shall be the duty of the 
state board of health, or its inspectors, and the local health officer, 
or the local board of health, or its inspectors at once to cause such 
nuisance to be abated by exterminating and destroying such rats. 

The expense thereof shall be a charge against the county, 
town or city which has, by its board or council ordered such de- 
struction or extermination of rats, and such board or council shall 
allow and pay the same. 



89 

When such destruction of rats is ordered by the town board 
or city council, the clerk of such town or city shall at once file 
with the county auditor a certified statement of the expense of 
such extermination and in any such case the county auditor shall 
charge the amount so expended for destroying rats, as aforeasid, 
against the property on which said nuisance shall have been abated 
and the same shall be collected as other taxes are now collected, 
and when so collected shall be paid to said county, town or city to 
reimburse it for the amount so paid out for the destruction of rats, 
as aforesaid. (R. S. 1914, §7648 m.) 

Rat Day" — Proclamation. 

Sec. 5. The governor may annually, in the spring, designate 
by official proclamation, a day to be designated as "rat day," 
to be observed throughout the state as a day for exterminating 
and destroying rats about the homes and premises and public 
buildings and all other places, thus preventing the dissemina- 
tion of disease and the destruction of property. {R. S. 1914, 
§7648 n.) 

Rights of Officers. 

Sec. 6. Any health officer or any inspector appointed under 
the provisions of this act shall have the right, without a warrant 
to enter upon or into any land, place, building, structure or prem- 
ises suspected of being rat infested for the discovery or destruc- 
tion of rats, and any person or number of persons who shall ob- 
struct him in the performance of his duties shall be guilty of a 
misdemeanor and upon conviction shall be fined in any sum not 
less than two (2) dollars nor more than ten (10) dollars. (R. S. 
1914, §7649 o.) 

Penalty. 

Sec. 7. Any person, firm, co-partnership, company, corpora- 
tion, or school official, violating any of the provisions contained 
in section one of this act shall be guilty of a misdemeanor and up- 
on conviction shall be fined in any sum not less than ten (10) 
dollars nor more than one hundred (100) dollars. (R. S. 1914, 
§7649 p.) 



90 

State Fire Marshal — Schools — Teachers — Compulsory Fire 
Drill. 

. Sec. 14. It shall be the duty of the state fire marshal, his dep- 
uties and assistants to require teachers of public and private 
schools and educational institutions to have one fire drill each 
month and to keep all doors and exits unlocked during school 
hours. (R. S. 1914, §7441 n.) 

Penalty. 

Sec. 15. Any officer referred to in this act who neglects to 
comply with any of the requirements hereof shall be guilty of a 
misdemeanor, and on conviction shall be punished by a fine of not 
less than twenty-five dollars, nor more than one hundred dollars, 
for each neglect or violation and in default of the payment thereof 
shall be imprisoned not to exceed thirty days. (R. S. 1914, §7441 o.) 

Fines Paid to State Treasurer. 

Sec. 16. All penalties, fees or forfeitures collected under 
the provisions of this act shall be paid into the treasury of the 
state for the benefit of the state fire marshal fund. (R. S. 1914, 
§7441 p.) 

[p. 555, Acts 1915.] 

Schools — Township and City Institutes — ^Attendance. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That section one (1) of the above entitled act be amend- 
ed to read as follows: Section 1. That section nine (9) of the 
above entitled act be amended to read as follows: Section 9. 
At least one Saturday in each month during which the public 
schools may be in progress shall be devoted to township and city 
institutes, or model schools for the improvement of teachers; and 
two Saturdays may be appropriated, at the discretion of the town- 
ship trustee of any township or the board of school trustees or board 
of school commissioners of any city. Such institute shall be pre- 
sided over by a teacher, or other person, designated by the trustee 
of the township, or by the city superintendent or other person 
designated by him. The township trustee, board of school trus- 
tees, or board of school commissioners, shall specify, in a written 
contract with each teacher, that such teacher shall attend the 
full session of each institute contemplated herein, or forfeit one 



91 

day's wages for every day's absence therefrom-, and for each day's 
attendance at such institute each teacher shall receive the same 
wages as for one day's teaching: Provided, That no teacher shall 
receive such wages unless he or she shall attend the full session 
of such institute and perform the duty or duties assigned: and, 
Provided, The provisions of this act shall not apply to school teach- 
ers who are engaged in teaching school on Saturdays. 

Repeal. 

Sec. 2. All laws and parts of laws in conflict with the pro- 
visions of this act are hereby repealed. 

Schools — Minimum Wages for Teachers. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That section one (1) of the above entitled act be amend- 
ed to read as follows: Section 1. That the daily wages of teach- 
ers for teaching in the public schools of the state shall not be less, 
in the case of beginning teachers, than an amount determined by 
multiplying two and one-half cents by the general average given 
such teacher on his highest grade of license at the time of con- 
tracting. For teachers having had a successful experience for one 
school year of not less than six months, the daily wages shall be 
not less than an amount determined by multiplying three cents 
by the general average given such teacher on his highest grade of 
license at the time of contracting. For teachers having had a 
successful experience for three or more school years of not less than 
six months each, the daily wages shall be not less than an amount 
determined by multiplying three and one-half cents by the gen- 
eral average given such teacher on his highest grade of license at 
the time of contracting. For teachers having had a successful ex- 
perience of five or more school years of not less than six months 
each, the daily wages shall be not less than an amount determined 
by multiplying four cents by the general average given such teach- 
er on his highest grade of license at the time of coutracting. All 
teachers now exempt from examination shall be paid, as daily 
wages for teaching in the public schools, not less than an amount 
determined by multiplying three and one-half cents by the gen- 
eral average of scholarship and success given such teacher: 
Provided, That the grade of scholarship accounted in each case be 
that given at the teacher's last examination, and that the grade of 
success accounted be that of the teacher's term last preceding the 
date of contracting: and, Provided, further, That two per cent. 



92 

shall be added to the teacher's general average of scholarship and 
success for attending the county institute the full number of days, 
and that said two per cent, shall be added to the average scholar- 
ship of beginning teachers. (R. S. 1914, §6599.) 

If a teacher is not paid the fuU amount of wages that is due under the 
law and the contract with the teacher, the remainder may be recovered from 
the school corporation. Rutherford School Tp. v. Craney, 99 N. E. Rep. 
485. 

Contracts with teachers to pay more than the minimum wages fixed by 
statute cannot be enforced unless an appropriation has been made by the 
township advisory board to pay such excess. Mitchell Free Tp. v. Baker, 
101 N. E. Rep. 1037. 

Qualifications of Teachers. 

Sec. 2. That section two (2) of the above entitled act be 
amended to read as follows: The qualifications required for teach- 
ing for the different classes shall be as follows : 

(a) A teacher without experience: Shall be a graduate of a 
high school or its equivalent. Shall have had not less than one 
term of twelve weeks' work in a school maintaining a professional 
course for the training of teachers : Provided, That completion of 
one year, or more, in a recognized college shall be accepted in lieu 
of twelve weeks' work in a school maintaining a professional course 
for the training of teachers. Shall have not less than a twelve 
months' license. 

(b) A teacher with one school year's experience: Shall be a 
graduate of a high school or its equivalent. Shall have not less 
than two terms or twenty-four weeks' work in a school maintain- 
ing a professional course for the training of teachers or the equiv- 
alent of such work: Provided, That the one year of college work 
optional for a teacher without experience shall be accepted as one 
of the required two terms of work, in this class. Shall have a two 
years' license. Shall have a success grade. 

(c) A teacher with three or more years' successful experience: 
Shall be a graduate of a high school or its equivalent. Shall be a 
graduate from a school maintaining a professional course for the 
training of teachers, or its equivalent. Shall have a three years' 
five years', eight years', or a life license. Shall have a success 
grade. 

(d) A teacher with five or more years' successful experience: 
Shall be a graduate of a high school or its equivalent. Shall be a 
graduate from a school maintaining a professional course for the 
training of teachers, or its equivalent. Shall have taught as a 



93 

class (c) teacher two or more years previous to entering this class. 
Shall have a three years', five years', eight years', or life license. 
Shall have a success grade: Provided, That for teachers already 
in the service, prior to August, 1908, successful experience in 
teaching shall be accepted as an equivalent for high school and 
professional training, as required by all the above classifications. 
(R. S. 1914, §6600.) 

Payment at Less Rate — Penalty. 

3. If any school officer shall pay to any teacher for school 
services at a rate less than that fixed by this act, he shall be fined 
in any amount not exceeding $100.00 and shall be liable in a civil 
action for wages to such teacher at the rate provided in this act, 
which may be recovered by such teacher, together with an at- 
torney's fee of $25.00 in any court of justice of competent juris- 
diction. (R. S. 1914, §6601.) 

State Board of Education — Duties. 

4. It shall be the duty of the state board of education, from 
time to time, to provide regulations which shall define the words 
''high school" and "equivalent" in this act, it being the intent 
hereof that only such schools be recognized as high schools as 
maintain a standard of scholarship and efficiency and course of 
study to the approval of the state board of education, and that 
the word "equivalent" as used in this act shall mean such a 
course of study or training or the ability to pass such an examina- 
tion as in the judgment of the state board of education would as 
fully qualify the applicant for teaching as the qualification of high 
school or normal school work and the license respectively named 
above requires. (R. S. 1914, §6602.) 

Schools — Teachers' Examination. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That section one (1) of the above entitled act be amend- 
ed to read as follows: Section 1. That teachers in manual train- 
ing, domestic science and art, and kindergarten departments of 
the elementary and high schools, and teachers of German, music, 
drawing, agriculture, physical culture and other special branches 
of instruction shall be examined by the county superintendents 
of schools at the times of regular teachers' examinations upon the 
branch or branches they are employed to teach, and in case they 



94 

pass such examination successfully, and have met all the qualifi- 
cations required by law, or the equivalent thereof prescribed by 
the state board of education, they shall be licensed to teach such 
branch or branches for twelve (12), twenty-four (24), or thirty-six 
(36) months, according to the grades obtained upon such examin- 
ation. Such license, however, shall not legally qualify its holder 
for the teaching of any branch or branches not covered by said 
examination, and such teachers at the time of examination shall 
have their manuscripts in music, drawing, manual training, cook- 
ing, sewing, agriculture, kindergarten, and physical training sent 
to the state department of public instruction for grading upon the 
terms and conditions prescribed by law for grading of manu- 
scripts by the superintendent of public instruction. (R. S. 1914, 
§6388 a.) 

[p. 627, Acts 1915.] 
Schools — Examination for Teacher's License. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That the county superintendent shall hold one public 
examination on the last Saturday of January, March, April, May, 
June, July, August, and October of each year, and at such ex- 
aminations, shall examine by a series of questions furnished by the 
state board of education, all applicants for license as teachers in 
the common schools of the state and that no special examinations 
shall be held. No examination shall extend over a period of more 
than two days, and all examinations shall be conducted in the im- 
mediate presence of the county superintendent or his representa- 
tive, pursuant to such institutions (instructions) and directions as 
the state board of education may provide. Before any applicant 
may be examined he shall produce to the county superintendent a 
certificate of good moral character from a school trustee of the 
county then in office, or other satisfactory written evidence of 
good moral character, which certificate or other evidence shall be 
marked "filed" on that date by such county superintendent and 
preserved as an office paper. All applicants for license in high school 
subjects and special branches, as hereinafter provided shall have 
their manuscripts sent to the state superintendent of public in- 
struction for gradation. All applicants for license in elementary 
school subjects, as hereinafter provided shall have the right to elect 
whether they will have their manuscripts graded by the county 
superintendent for county license or graded by the state superin- 



95 

tendent of public instruction for state license. Applicants for 
county license, shall if successful, receive license which shall be 
taken as qualifying the person to whom granted, so long as in 
force, to teach the subject or subjects indicated by the license in 
the elementary schools of the county wherein it is issued, and ap- 
plicants for state license shall, if successful, receive license which 
shall be taken as qualifying the person to whom granted so long 
as in force, to teach the subject or subjects indicated by the license 
anywhere within the state : Provided, however, A state license must 
be registered with the county superintendent of the county where-' 
in it is to be used and endorsed by said superintendent as regis- 
tered before the holder may legally contract to teach in any school 
corporation in the county. Applicants who send their manu- 
scripts to the state superintendent of public instruction for grada- 
tion, shall befoic the examination begins pay to the county sup- 
erintendent a fee of seventy-five cents (75c) for each manuscript 
to be sent. The county superintendent shall issue his receipt for all 
fees paid under the provisions of this act, and shall immediately 
send such fees, together with the manuscripts, to the state super- 
intendent of public instruction, who shall issue his receipt there- 
for to the county superintendent. The state superintendent of 
public instruction shall use such funds in the employment of a 
sufficient number of qualified persons to grade the manuscripts 
and perform the services incident to the operation of the license 
system instituted by this ai t. All manuscripts sent to the state 
superintendent of public instruction shall be designated by num- 
ber, and the state superintendent of public instruction shall re- 
fuse to receive any manuscript bearing the name of the appli- 
cant, or any other means of identification of the applicant. 
As soon as the manuscripts are graded and their success or 
failure determined, according to the requirements hereinafter 
provided, the state superintendent of public instruction shall re- 
port the success or failure of the manuscripts by number to the 
county superintendent, whereupon the county superintendent, 
shall immediately forward to the state superintendent of public 
instruction the names of the successful applicants in his county 
together with their success grades and any other data required by 
the state superintendent of public instruction for the purpose of 
issuing the license. 

Examination Studies. 

Sec. 2. Applicants for license to teach in the elementary 
schools shall be examined in orthography, reading, writing, arith- 



96 

metic, geography, English grammar, physiology and scientific 
temperance, United States history, literature, and the science of 
education, and in such additional branches as they are or may 
hereafter be legally required to teach. The examination for li- 
cense in the above named subjects may be divided according to 
such plan as may be devised by the state board of education, so 
that applicants may take one division on one examination, and if 
successful upon the first division, the second division at the next 
examination. Provided, however. That any applicant for such 
license shall have the right to take both divisions at the same ex- 
amination 

One fee shall be sufficient for both divisions, provided the ap- 
plicant does not fail in either division. Applicants for license in 
high school subjects shall be examined in as many subjects as they 
desire to take from the list of subjects offered by the state board of 
education, Provided, however, All applicants shall be examined in 
the science of education. Applicants for supervisor's and special 
teacher's license in agriculture, industrial arts, domestic science, 
kindergarten, music, drawing, physical culture, or other special 
branches required to be taught shall be examined in such subjects 
as they elect from the foregoing list or such additional special 
branches as may be provided. 

State Board of Education — Fixing Averages. 

Sec. 3. The state board of education shall determine the 
grades and averages required for issuing licenses, and whenever an 
applicant shall be found upon examination to possess knowledge 
sufficient in the judgment of the county superintendent or state 
superintendent to entitle him to a license in the subject or sub- 
jects in which he is examined, he shall be issued a county license 
or a state license for twelve months, twenty-four months, or 
thirty-six months, according to the requirements established; 
Provided, That licenses issued upon the October examination for 
less than twenty-four months, shall expire July 31 of the year 
following the examination; and Provided, further, That any ap- 
plicant for license in elementary subjects who fails in only two 
subjects shall be conditioned and allowed to write upon such sub- 
jects at the next regular examination during the current year. 
The general average of the branches shall indicate the appli- 
cant's academic standing, which shall be the basis of issuing a li- 
cense to a teacher without experience. The general average of 
the branches and the per cent, placed upon the applicant's school 



97 

room success shall count one-half in determining the average of a 
teacher who is entitled to a success grade; Provided, however, 
That the success grade last issued shall be taken as the legal suc- 
cess grade. 

Temporary Teaching Permits. 

Sec. 4. County superintendents are hereby authorized to is- 
sue at their discretion temporary county permits to teach, dated to 
expire on the date of the next succeeding general examination, 
Provided, That such permit shall not be issued unless the appli- 
cant has met the minimum professional training requirements 
fixed by law, as shown by the proper certificate; Provided, further, 
That such permit shall not be issued to any one who has failed on 
any regular examination during the examination year preceding 
the date of application; and Provided, further. That such permits 
may be issued only upon request of school boards or township trus- 
tee to teachers employed by them. County permits issued upon 
the above named conditions shall be accepted as legal qualifica- 
tions to teach; for the purpose of classifying teachers, a county 
permit shall be equivalent to a twelve months' license with an 
average of 85%. 

Professional License — Eight Year Term. 

Sec. 5. Any person now possessing a thirty-six months' 
license, whose next consecutive license shall be for a term of thirty- 
six months, or any person who shall hereafter receive two licenses 
in succession each for thirty-six months, may receive upon the ex- 
piration of such several licenses, a license for the term of eight years 
upon examination held by the state board of education. Such li- 
cense shall be issued only upon the approval of the state board of 
education, and shall be styled a professional license, and shall en- 
title the holder to teach in any of the schools of this state. 

Exemption from Examination. 

Sec. 6. Any person who has previously taught for six (6) 
consecutive years in the common schools of the state, or who 
shall hereafter complete for six (6) consecutive years of experi- 
ence in such schools, and who shall at this time hold a thirty- 
six months' license to teach in the elementary or high schools of 
the state, or who shall hereafter obtain such thirty-six months' 
license to teach therein, so long as he shall teach the branch or 

7—4343 



98 

branches upon which the license was issued, shall be forever after- 
ward exempt from examination, but if such person shall, after said 
exemption occurs, suffer a period of one year to pass without hav- 
ing taught one full school year in the common schools of the state 
within said period or served in said schools, except in case of physi- 
cal disability, properly certified to by a reputable physician, or 
except in case of attending for a full school year a recognized uni- 
versity, college or normal school, then said exemption shall cease. 
If said person during such exemption, shall seek employment to 
teach other or higher branches in the common schools of the state 
than those branches which were included in the examination upon 
which the thirty-six months' license was issued, then he shall be 
examined in such additional branches. The exemption shall ap- 
ply to all thirty-six months' county licenses issued prior to 
September 1, 1915, and expiring thereafter, and to all thirty-six 
months' state licesnes: Provided, That an exemption acquired 
upon a license issued by a county superintendent shall be limited 
to the county in which such license was issued. An applicant for a 
state exemption shall present a certified statement from a county 
superintendent showing where and when such teacher has taught, 
and the license upon which the request for exemption is based. 
If the exemption is granted, the superintendent of public instruc- 
tion shall attach the exemption to the original license. 

Previous Exemptions in Force. 

Sec. 7. All exemptions heretofore acquired shall remain in 
full force so long as the holders thereof shall comply with the terms 
of section 6 of this act. 

Schedule of Items. 

Sec. 8. The state superintendent of public instruction is 
hereby required to provide from time to time such schedule of 
items as should in his judgment, enter into the record and grad- 
ing of a teacher's success by the city, town, and county superin- 
tendent of schools. 

Grade of Success — ^Who Determines. 

Sec. 9. The county superintendent shall determine the grade 
of success of teachers employed in the township schools, and the 
superintendents of incorporated school cities and school towns 
shall determine the grade of success of teachers employed in such 



99 

corporation. For the purpose of determining such success grades, 
city, town, and county superintendents are required to visit each 
year the teachers under their charge and supervision and make 
personal inspection of the work of such teachers, and each school 
superintendent shall issue over his signature and deliver to each 
teacher under his supervision, not later than July 1st, each year 
such statement of the success of each as is contemplated herein, 
and shall keep on file in a permanent record book, duplicate of all 
such statements; also, city and town superintendents shall file 
with the county superintendent duplicates of all success grades 
within ten days after their date of issuance. A teacher's suc- 
cess grade so issued shall be his legal success grade for one year 
from the date of its issuance. 

Unfair Grading. 

Sec. 10. The state superintendent of public instruction is 
hereby authorized to investigate and revise such cases of unfair 
grading in the items of a teacher's success as may be brought to his 
attention in a written appeal, make (made) and sworn to before 
any person authorized to administer oaths, not later than thirty 
days after the issuance of said grade. All such sworn statements 
and papers relating to the case shall be filed with the county sup- 
erintendent of schools, and shall by him be forwarded to the 
state superintendent of public instruction within ten days after 
the filing of such appeals. 

Records of County Superintendents. 

Sec. 11. The county superintendent shall keep a record of 
minutes of his proceedings, and shall deliver such record, and all 
other books, papers, and property appertaining to his office to his 
successor. He shall also keep a record of all applicants for li- 
cense and the kind and length of the license issued to each success- 
ful applicant, as well as the names of the teachers whose li- 
censes he revokes. He shall report to the state superintendent of 
public instruction the names of those whose licenses he re- 
vokes and the date of such revocation. 

Report of State Superintendent. 

Sec. 12. The state superintendent of public instruction shall 
keep a complete record of all fees and manuscripts received by him, 
and also, a record of all licenses issued by him, showing the name 



100 

of the person to whom issued and for how long, and the grades re- 
ceived by the apphcant. He shall make an annual report under 
oath to the governor giving an itemized statement of the receipts 
and disbursements of moneys contemplated by this act, stating 
for what paid and to whom paid, and he shall take receipts for all 
expenditures, which receipts shall be kept on file. 

Fees on Hand — State Treasury. 

Sec. 13. On December 31st of each year, if the state superin- 
tendent of public instruction shall have on hand any balance after 
all expenses incurred in performing the services contemplated in 
this act have been paid, as hereinbefore provided, he shall pay 
said balance to the treasurer of state, who shall credit same to the 
state common school tuition fund. 

Act Effective. 

Sec. 14. The provisions of this act shall become effective 
September 1, 1915, but nothing in this act shall effect the validity 
of any license granted prior to the above date. 

Repeal. 

Sec. 15. All laws or parts of laws in conflict herewith, are 
hereby repealed. 

[p. 128, Acts 1915.] 
Teachers — Pension Fund — Control — Assessment — Levy. 

Section 1. Be it enacted hy the general assembly of the State of 
Indiana, That section three (3) of the above entitled act be and 
the same is hereby amended to read as follows: Section 3. Such 
board of trustees shall have full charge and control of the teach- 
ers' pension fund of such city, with power to adopt and enforce 
all needful regulations governing the same, not inconsistent with 
this, act. Said fund shall be derived from the following sources: 

First. All moneys that may be given to said board of trustees 
or to said fund or to the board of school commissioners of such city, 
for the use of said board of trustees of teachers' pension fund, by 
any person or persons. Such board of trustees may take by gift, 
grant, devise or bequest, any money, choses in action, personal 
property, real estate or any interest therein, and any such gift, 
grant, devise or bequest may be absolute or upon condition that 



101 

only the rent, profits and income arising from the same shall be 
applied to the uses and purposes of said fund. Such board of 
trustees shall be authorized to take such gift, grant, devise or be- 
quest under and by the style of the board of trustees of the 
teachers' pension fund, of such city, and to hold the same or as- 
sign, transfer or sell the same, whenever proper and necessary un- 
der and by such name. 

Second. Every teacher shall be assessed upon his or her salary 
as follows: One per centum per annum (but not more than $10) 
upon the salary of every teacher who shall not have taught in ex- 
cess of fifteen (15) years; and two per centum per annum (but not 
to exceed $20) upon the salary of every teacher who shall have 
taught longer than fifteen (15) years: Provided, however, That such 
assessment shall not be made prior to the first day of September, 
1907. And the assistant treasurer of such board of trustees shall 
prepare a roll of each of said assessments and place opposite the 
name of every teacher the amount of assessment against him or 
her, and shall furnish a copy of such roll to the treasurer, and 
the treasurer of said board shall, in November and April of each 
school year, deduct and retain out of the salary going to such 
teacher the amount of such assessment, and shall give him or her 
credit for the same to the credit of said teachers' pension fund. 
Every teacher of such city receiving a salary of four hundred fifty 
dollars ($450) a year or more shall pay such assessment, and in 
becoming a teacher he or she shall be conclusively deemed to un- 
dertake and agree to pay the same, and to have such assess- 
ment deducted from his or her salary as hereinbefore provided. 

Third. The board of school commissioners of such city shall 
levy each year, in addition to all other taxes authorized by law, a 
special tax of one and one-fourth cents upon each one hundred 
dollars of taxable property in the city, which sum shall be col- 
lected as other taxes are collected by law, and which shall be 
credited by the treasurer of such city to the said teachers' pension 
fund, and shall not be used or devoted to any other than the pur- 
pose of said fund: Provided, however. Said board of school com- 
missioners may reduce said special tax to one cent upon each one 
hundred dollars of taxable property after a period of ten (10) 
years after September 1, 1914, if in its opinion, the accumulated 
fund derived as foresaid is sufficient to justify such action. Noth- 
ing in this act shall be deemed to take from said board of school 
commissioners the powers now given to said board in relation to 
the levy of .taxes under existing statutes. 



102 

Fixing Pensions. 

Sec. 2. That section six (6) of the above entitled act be and 
the same is hereby amended to read as follows: Section 6. 
Said teachers' pension fund shall be used and devoted in the man- 
ner and to the purposes following: 

First. The maximum pension to be paid any teacher shall be 
six hundred dollars ($600.00) per annum, which amount shall be 
based upon a service of forty (40) years as such teacher and every 
pensioner and beneficiary of said fund shall be entitled to and 
shall receive such percentage of said sum of $600 as the number of 
years of teaching of said pensioner and beneficiary, shall bear to 
the term of forty years, subject, however, to all the provisions of 
this act. 

Second. Any aged, infirm, diseased or disabled teacher, who 
is now or hereafter may be teaching in the public schools of such 
city, having served as such teacher for not less than fifteen years, 
shall be entitled to receive a disability pension: Provided, Such 
board of trustees shall find that he or she is entitled to the same 
by reason of such age, disease, infirmity or diability, and after 
such applicant for a pension shall have been examined by a physi- 
cian selected for such purpose by said .board of trustees, the exam- 
ination fee or charge of such physician shall be paid by the appli- 
cant : and Provided, /wither. That no such pension shall be paid un- 
til any sick pay allowed or provided for by the board of school 
commissioners of such city shall have ceased. 

Third. Any teacher who is now or hereafter may be teaching 
in the public schools of such city, and shall have taught for not less 
than twenty-five (25) years, may be pensioned upon application to 
said board of trustees, or may be pensioned by such board with- 
out such application and shall thereafter receive a pension during 
the remainder of his or her life, subject, however, to all the con- 
ditions contained in this act: Provided, That such pensioner shall 
have paid into said fund, by way of assessment or otherwise, not 
less than one-third (|) of the amount to which he or she shall be 
entitled per annum as a pension. And in order to make up such 
one-third, the board of trustees may order the treasurer to de- 
duct one-half thereof from each of the first two years of such 
pension: Provided, further. Any teacher who has taught not less 
than twenty-five (25) years as aforesaid but who shall have re- 
tired prior to the taking effect of this act, to wit, on the ninth day 
of March, 1-907, shall be entitled to the benefits of said pension 



103 

fund in the same amount and upon the same conditions as if they 
were still teaching at the time said act took effect on March 9, 
1907: Provided, however, further. That inasmuch as such teach- 
ers never contributed by way of assessment to said fund, never 
having had an opportunity to do so, that the amount of their pen- 
sion benefits shall be paid exclusively out of the moneys contrib- 
uted by such city from the taxes, and no part of said fund con- 
tributed by the assessment of teachers shall be used for paying pen- 
sions to such teachers; nothing herein contained shall be con- 
strued as entitling teachers who retired prior to March 9th, 
1907, to the disability pension, as provided in clause two of this 
section; nor shall anything herein be construed as entitling said 
teachers who retired prior to March 9, 1907, aforesaid, to a pen- 
sion prior to the passage of this amendment. Provided, further. 
That no pension of any kind provided herein for teachers who re- 
tired prior to March 9, 1907, shall accrue, or be payable or paid 
prior to June 1, 1916, when the additional levy becomes avail- 
able. 

Teacher's Pension Fund — Terre Haute — Board of Com- 
missioners. 

Section 1. Be it enacted hy the general assembly of the State of 
Indiana, That in every city in the State of Indiana, having a 
population of not less than 55,000 nor more than 60,000 accord- 
ing to the last preceding United States census, t^here shall be, and 
is hereby created a teachers' retirement fund, which shall be gov- 
erned and managed by a board of commissioners, to be composed of 
of five members, as follows : 

The president of the board of school trustees of such city, the 
superintendent of public schools, one principal and two teachers 
regularly employed in the public schoools of such city. Said 
principal and teachers shall be selected at a meeting of the public 
school teachers of such city on the fourth Saturday of March, 
1913, in such manner and at such place or places as shall be de- 
termined and designated by the board of school trustees of such 
city; and thereafter there shall be selected on the fourth Satur- 
day of March of each year one principal and two teachers as mem- 
bers of such board of commissioners. The commissioners shall 
hold their office until their successors shall be selected or elected 
as above set forth. In the event of a vacancy upon said board oc- 
casioned by the death, resignation or disability of either of said 



104 

principal or teachers, then the pubhc school teachers of said city- 
shall, within a reasonable time, upon the call of the president of 
said board of commissioners, hold a special meeting and elect a 
successor or successors. A majority of said commissioners shall 
constitute a quorum for the transaction of business pertaining to 
said retirement fund. Said commissioners shall receive no pay for 
their services as such, except the secretary and assistant treasurer, 
each of whom may be paid such sums for services as may be fixed 
by the board of commissioners: Provided, however, That if any 
one shall act as such secretary or assistant treasurer who shall re- 
ceive any of the benefits of said retirement fund, as hereinafter 
provided, the amount of the salary so received by such secretary 
or assistant treasurer shall be deducted from the amount to which 
he or she would otherwise be entitled as a beneficiary. (R. S. 1914, 
§6555 r.) 

Duties of Board and Officers. 

Sec. 2. Said board of commissioners shall elect from among its 
number a president, vice-president and secretary. The president 
shall preside at the meetings of the board and perform all other 
duties usual to such office. The vice-president shall perform the 
duties of the president in his absence. It shall be the duty of the 
secretary to keep a true and accurate account of the proceedings 
of said board of commissioners, and of the teachers of such city 
when acting upon matters with relation to said fund, and to turn 
over to his or her successor all books and papers pertaining to such 
office. The secretary of the superintendent of schools of such city 
shall act as assistant treasurer, and it shall be his or her duty to 
keep a true and correct statement of the account of each member 
with said retirement fund, to collect and turn over to the treas- 
urer of said board all moneys belonging to said fund, and to ren- 
der to the board a monthly account of his or her doings. He or she 
shall furnish bond in such amount as shall be determined and re- 
quired by said board of commissioners and the board of com- 
missioners shall allow him or her such compensation for his or her 
services as it may deem proper. The treasurer of such city shall 
be ex-officio the treasurer of said board of commissioners, and he 
shall receive and hold all moneys belonging to such treasurer's 
retirement fund; he shall have the custody of all notes, bonds and 
other securities belonging to said fund, and shall collect the prin- 
cipal and interest of the same and shall be liable on his bond as 
such city treasurer for the performance of all the duties imposed 



105 

upon him by this act and for the faithful accounting of all moneys 
and securities, including both principal and interest which may 
come into his hands and which shall belong to such retirement 
fund. And he shall keep a separate account which shall show at all 
times the true condition of such funds. Said treasurer shall, up- 
on the expiration of his term of office, account to said board of 
commissioners for all moneys, notes, bonds, and other securities 
coming into his hands, and for the interest, income, profits, rentals 
and proceeds of and from the same, and he shall turn over to his 
successor all moneys, notes, bonds and other securities belonging 
to said fund. The secretary, treasurer and assistant treasurer 
shall make a full, true and accurate report of their offices and 
trusts at each annual meeting of such teachers in March of each 
year. Their books shall at all times be open to inspection or ex- 
amination. (R. S. 1914, §6555 s.) 

Pension Fund — How Controlled. 

Sec 3. Such board of commissioners shall have full charge 
and control of the teachers' retirement fund of such city with 
power to adopt and enforce all needful regulations governing the 
same, not inconsistent with this act. Such fund shall be derived 
from the following sources: 

First. All money that may be given to said board of com- 
missioners or to said fund or to the board of school trustees of 
such city, for the use of said board of commissioners of teachers' 
retirement fund, by any person or persons. Such board of com- 
missioners may take by gift, grant, devise or bequest, any money 
choses-in-action, personal property, real estate, or any interest 
therein, and any such gift, grant, devise or bequest, may be ab- 
solute, or upon the condition that only the rent, profits and in- 
come arising from the same shall be applied to the uses and pur- 
poses of said fund. Such board of commissioners shall be author- 
ized to take such gift, grant, devise or bequest, under and by the 
style of the board of commissioners of the teachers' retirement 
fund, of such city, and to hold the same, or assign, transfer 
or sell the same, whenever proper and necessary, under and by 
such name. 

Second. Every teacher electing to accept the provisions of 
this act shall be assessed upon his or her salary as follows: For 
the first twelve years of teaching service, $10.00 per year; for the 
next eight years of teaching service, $20.00 per year; for each sub- 
sequent year of teaching service, not exceeding thirty years in all, 



106 

.00 per year. Members who have paid the fees for thirty- 
years of teaching service, shall not be required to pay any addi- 
tional fees however long thereafter they may remain in the em- 
ploy of the board of school trustees. These rates shall be paid in 
equal payments corresponding with the second, fourth, sixth and 
eighth months of the year for which teachers' salaries are paid. 
Teachers accepting the provisions of this act shall be required to 
pay arrearages at the above rate with interest at 4% per annum 
for such time of service as they are authorized to have recognized 
under the provisions of this act: Provided, That any teacher 
entitled, under the provisions of this act, to a credit for one or 
more years of teaching service at the time when he or she elects to 
accept the provisions of this act, may waive his or her right to 
such credit and pay only current rates from the time when the 
membershiD begins, and receive no credit for previous service. 
Such arrearages may be paid in cash during the first year or inay 
be paid in five equal installments with interest at the rate of 
5% per annum, payable annually, upon the deferred installments; 
and in case the latter option is taken, interest upon the deferred 
installments shall commence at the end of the first year after 
electing to accept the provisions of this act: Provided, further, 
That in case any teacher is retired before he or she has paid in fees 
a sum equal to one-half of the maximum annuities to which he or 
she would be entitled, then and in that case there shall be de- 
ducted from the annuity to be paid to such retired teacher dur- 
ing the first year, such sum as will make the total amount paid 
by such teacher one-half of the maximum annuity to which he or 
she is entitled and the remainder of fees or arrearages due or 
to be paid by such retired teacher shall be payable in installments as 
hereinbefore set forth. 

Third. The board of school trustees of such city shall levy each 
year, in addition to all other taxes authorized by law, a special tax 
of one-fourth (1) of one mill upon each one dollar ($1,00) of 
taxable property in the city, which sum shall be collected as other 
taxes are collected by law, and which shall be credited by the 
treasurer of such city to the said teachers' retirement fund, and 
shall not be used or devoted to any other than the purposes of 
said fund. And nothing in this act shall be deemed to take from 
said board of school trustees the powers now given to said board in 
relation to the levy of taxes under existing statutes. (R. S. 1914, 
§6555 t.) 



107 

Funds — How Invested. 

Sec. 4. The board of commissioners of such teachers' re- 
tirement fund shall determine what part of said fund may be safe- 
ly invested, and how much shall be retained for the immediate 
needs, demands and exigencies of said fund. Such investment 
shall be made: (1) In interest-bearing bonds of the United States, 
or of the State of Indiana, or in any bond lawfully issued by any 
state or county, township, city or other municipal corporation, 
either within or without the State of Indiana; (2) loans, secured 
by moi'tgage upon real estate within the county wherein such city 
is located, which loans shall not be in excess of fifty per centum 
of the appraised value of such real estate. All bonds, mort- 
gages and other securities shall be deposited with and remain in 
the custody of the treasurer of said board, who shall collect all 
interest due thereon and all the income therefrom, as the same 
shall become due and payable. (R. S. 1914, §6555 u.) 

Sinking Fund. 

Sec. 5. The board of commissioners of such teachers' re- 
tirement fund shall establish a sinking fund, to the credit of which 
shall be put and deposited all gifts, grants, devises and bequests, 
and the unexpended balance remaining at the expiration of each 
fiscal year, and such sinking fund shall be and remain a per- 
manent fund, and no part thereof shall be expended except the in- 
terest and income thereof and therefrom: Provided, That one- 
half of the amount added to such sinking fund any year may be 
used, if necessary, during the year immediately following. (R. S. 
1914, §6555 V.) 

Pensions — How Classified. 

Sec. 6. Said teachers' retirement fund shall be used and de- 
voted in the manner and for the purposes as follows: Any per- 
son electing the provisions of this act who shall have rendered 
twenty years or more of teaching service in the public schools, 
twelve of which may have been in public schools outside of said 
city of not less than 55,000 nor more than 60,000 inhabitants, 
according to the last preceding United States census, who ceases 
to be in the employ of the board of school trustees from any cause, 
shall be entitled to an annuity in accordance with the follow- 
ing schedule : 



108 

For 20 years of service $300 00 

For 21 years of service 325 00 

For 22 years of service 350 00 

For 23 years of service 375 00 

For 24 years of service , 400 00 

For 25 years of service 430 00 

For 26 years of service 460 00 

For 27 years of service 490 00 

For 28 years of service 525 00 

For 29 years of service 560 00 

For 30 or more years of service 600 00 

Provided That no teacher in the service of said board of school 
trustees at the time of the passage of this act may be credited 
with more than twenty-five (25) years of service. Such annuities 
shall be paid in four equal payments as follows: On January 
first, April first, July first and October first, of each year. In 
the event that any teacher electing the provisions of this act 
for any reason leaves the services of the board of school trustees 
before said teacher has been credited with twenty (20) years of 
service, such teacher shall be entitled to withdraw from the treas- 
ury of said teachers' retirement fund, such sum as will equal all 
payments made by such teacher into the treasury of this fund 
as fees, without interest: Provided, further, That in the event 
that such teacher subsequently returns to the employ of the 
board of school trustees, such teacher shall be required to refund 
to said fund the amount so withdrawn, with interest thereon at 
the rate of 5 per cent, per annum, such sum to be so refunded with- 
in one (1) year from the date of his or her return to service in the 
schools of said city of not less than 55,000 nor more than 60,000 
inhabitants. In the event of the death of any teacher electing 
the provisions of this act, before such teacher has been retired 
upon an annuity, then and in that case the heirs or legatees of 
such deceased teacher shall be entitled to a sum out of said fund 
equal to the sum paid into said fund by such deceased teacher, 
without interest: Provided, further, That no teacher retiring 
before being credited with thirty (30) years of service may be en- 
titled to an annuity unless such teacher be granted such annuity 
by the board of commissioners of said retirement fund at the 
time of such retirement. (R. S. 1914, §6555 w.) 



109 

Time of Service — How Computed. 

Sec. 7. In computing years of service, as provided in this act, 
the board of commissioners may include service as a public school 
teacher rendered outside of such city, not, however, in excess of 
twelve years, as a portion of such services necessary before any 
teacher shall be entitled to any of the benefits of this act: Pro- 
vided, That nothing in this section shall affect the amount or 
amounts to be paid into such retirement fund by teachers before 
being entitled to an annuity. And any teacher may be given a 
leave of absence for study, professional improvement or tempor- 
ary disability, not exceeding one (1) year in seven (7), and shall be 
regarded as a teacher and entitled to the benefits of this act: 
Provided, That during such absence he or she continues to pay in- 
to such fund the amount of a"fesessment payable by such teacher 
as provided in the schedule in section 6 of this act. (R. S. 1914, 
§6555 X.) 

Services Before Passage of Act. 

Sec. 8. In computing time, under the provisions of this act, 
such time shall include services rendered before, as well as after, 
the taking effect of this act. And the full term or year of school 
in the corporation in which such service was rendered shall con- 
stitute a year of service under this act. (R. S. 1914, §6555 y.) 

By-Laws for Management. 

Sec. 9. The board of commissioners shall have the power 
and authority to make all necessary by-laws providing for 
the election of such commissioners to be elected as in this act pro- 
vided, the counting and canvassing of the votes for the same, their 
meetings, for the collection of all moneys and other property com- 
ing or belonging to said fund, and all other matters connected 
with the care, preservation and disbursements of the same, and 
the proper execution of the purposes and provisions of this act. 
And any annuity authorized by the board under this act shall be 
subject to reduction by said board of commissioners whenever in 
its judgment the condition of the retirement fund renders such 
reduction proper or necessary, and any annuity so reduced may 
thereafter be restored or increased, as such board may deem best. 
(R. S. 1914, §6555 z.) 



no 

Pensions Exempt from Levy. 

Sec. 10. All annuities granted and payable out of said teach- 
ers' retirement fund shall be and are exempt from seizure or levy 
upon attachment, execution, supplemental process and all other 
process, whether mesne or final; and such annuities or any pay- 
ment of the same shall not be subject to sale, assignment or 
transfer by any beneficiary and such transfer shall be absolutely 
void. (R. S. 1914, §6555 a. 1.) 

Definition. ^ 

Sec. 11. The term ''teacher" as used in this act shall mean 
and include the superintendent of schools, the secretary to the 
superintendent, any principal, assistant principal, assistant super- 
intendent, supervisor, assistant supervisor, person in charge of 
any special department of instruction, and any teacher or in- 
structor now or hereafter regularly employed as such by the board 
of school trustees of such city. (R. S. 1914, §6555 b. 1.) 

Repeal. 

Sec. 12. All laws and parts of laws in conflict with any of the 
provisions of this act are hereby repealed. 

Teachers' Pensions— Cities 20,000 to 100,000— Board. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That in every city in the State of Indiana having a 
population of not less than 20,000 nor more than 100,000 accord- 
ing to the last preceding United States census, there may be created 
a teachers' retirement fund, which shall be governed and managed 
by a board of commissioners, to be composed of five members, 
as follows : 

The president of the board of school trustees of such city, the 
superintendent of public schools, one principal and two teach- 
ers regularly employed in the public schools of such city. Said 
principal and teachers shall be selected at a meeting of the 
public school teachers of such city on the fourth Saturday of 
March, 1913, in such manner and at such place or places as shall 
be determined and designated by the board of school trustees of 
such city; and thereafter there shall be selected on the fourth 
Saturday of March of each year one principal and two teachers as 
members of such board of commissioners. The commissioners 
shall hold their offices until their successors shall be selected or 



Ill 

elected as above set forth. In the event of a vacancy upon said 
board occasioned by the death, resignation or disability of either 
of said principal or teachers, then the public school teachers of 
said city shall, within a reasonable time, upon the call of the 
president of said board of commissioners, hold a special meeting 
and elect a successor or successors. A majority of said com- 
missioners shall constitute a quorum for the transaction of 
business pertaining to said retirement fund. Said commissioners 
shall receive no pay for their services as such, except the secretary 
and assistant treasurer, each of whom may be paid such sums for 
services as may be fixed by the board of commissioners: Pro- 
vided, however, That if anyone shall act as such secretary or as- 
sistant treasurer who shall receive any of the benefits of said re- 
tirement fund, as hereinafter provided, the amount of the salary so 
received by such secretary or assistant treasurer shall be deducted 
from the amount to which he or she would otherwise be entitled 
as a beneficiary. (R. S. 1914, §6555 c 1.) 

Officers of Board — Duties. 

Sec. 2. Said board of commissioners shall elect from among 
its number a president, vice-president and secretary. The presi- 
dent shall preside at the meetings of the board and perform all 
other duties usual to such office. The vice-president shall per- 
form the duties of the president in his absence. It shall be the 
duty of the secretary to keep a true and accurate account of the 
proceedings of said board of commissioners, and of the teach- 
ers of such city when acting upon matters with relation to said 
fund, and to turn over to his or her successor all books and pa- 
pers pertaining to such office. The secretary of the superintend- 
ent of schools of such city shall act as assistant treasurer, and it 
shall be his or her duty to keep a true and correct statement of the 
account of each member with said retirement fund, to collect and 
turn over to the treasurer of said board all moneys belonging to 
said fund, and to render to the board a monthly account of his or 
her doings. He or she shall furnish bond in such amount as shall 
be determined and required by said board of commissioners and 
the board of commissioners shall allow him or her such com- 
pensation for his or her services as it may deem proper. 

The treasurer of such city shall be ex-officio the treasurer 
of said board of commissioners, and he shall receive and hold all 
moneys belonging to such teachers' retirement fund; he shall have 
the custody of all notes, bonds and other securities belonging to 



112 

said fund, and shall collect the principal and interest of the same 
and shall be liable on his bond as such city treasurer for the per- 
formance of all the duties imposed upon him by this act and for 
the faithful accounting of all moneys and securities, including 
both principal and interest which may come into his hands and 
which shall belong to such retirement fund. And he shall keep a 
separate account which shall show at all times the true condition 
of such fund. Said treasurer shall, upon the expiration of his 
term of office, account to said board of commissioners for all 
moneys, notes, bonds, and other securities coming into his 
hands, and for interest, income, profits, rentals and proceeds of 
and from the same, and he shall turn over to his successor all 
moneys, notes, bonds and other securities belonging to said fund. 
The secretary, treasurer and assistant treasurer shall make a 
full, true and accurate report of their offices and trusts at each 
annual meeting of such teachers in March of each year. Their 
books shall at all times be open to inspection or examination. 
(R. S. 1914, §6555 d 1.) 

Rules and Regulations. 

Sec. 3. Such board of commissioners shall have full charge 
and control of the teachers' retirement fund of such city with 
power to adopt and enforce all needful regulations governing the 
same, not inconsistent with this act. Such fund shall be derived 
from the following sources: 

First. All moneys that may be given to said board of com- 
missioners or to said fund or to the board of school trustees of 
said city, for the use of said board of commissioners of teachers' 
retirement fund, by any person or persons. Such board of com- 
missioners may take by gift, grant, devise or bequest, any money, 
choses-in-action, personal property, real estate, or any interest 
therein, and any such gift, grant, devise or bequest, may be ab- 
solute, or upon the condition that only the rent, profits and in- 
come arising from the same shall be applied to the use and pur- 
poses of said fund. Such board of commissioners shall be au- 
thorized to take such gift, grant, devise or bequest, under and by 
the style of the board of commissioners of the teachers' retire- 
ment fund, of such city, and to hold the same, or assign, transfer 
or sell the same, whenever proper and necessary, under and by 
such name. 

Second. Every teacher electing to accept the provisions of 
this act shall be assessed upon his or her salary as follows: For 



113 

the first twelve years of teaching service, $10.00 per year; for 
the next eight years of teaching service, $20.00 per year; for each 
subsequent year of teaching service, not exceeding thirty years in 
all, $25.00 per year. 

Members who have paid the fees for thirty years of teaching 
service, shall not be required to pay any additional fees however 
long thereafter they may remain in the employ of the board of 
school trustees. These rates shall be paid in equal payments 
corresponding with the second, fourth, sixth and eighth months 
of the year for which teachers' salaries are paid. 

Teachers accepting the provisions of this act shall be required 
to pay arrearages at the above rate with interest at 4% per an- 
num for such time of service as they are authorized to have recog- 
nized under the provisions of this act, provided that any teacher 
entitled, under the provisions of this act, to a credit for one or 
more years of teaching service at the time when he or she elects to 
accept the provisions of this act, may waive his or her right to 
such credit and pay only current rates from the time when the 
membership begins, and receive no credit for previous service. 
Such arrearages may be paid in cash during the first year or may 
be paid in five equal installments with interest at the rate of 5% 
per annum, payable annually, upon the deferred installments; 
and in case the latter option is taken, interest upon the deferred 
installments shall commence at the end of the first year after 
electing to accept the provisions of this act: Provided, further, 
That in case any teacher is retired before he or she has paid in 
fees a sum equal to one-half of the maximum annuities to which 
he or she would be entitled, then and in that case there shall be de- 
ducted from the annuity to be paid to such retired teacher dur- 
ing the first year, such sum as will make the total amount paid 
by such teacher one-half of the maximum annuity to which he or 
she is entitled and the remainder of fees or arrearages due or to 
be paid by such retired teacher shall be payable in installments as 
hereinbefore set forth. 

Third. The board of school trustees of such city shall levy each 
year, in addition to all other taxes authorized by law, a special 
tax of one-fourth (J) of one mill upon each one dollar ($1.00) of 
taxable property in the city, which sum shall be collected as other 
taxes are collected by law, and which shall be credited by the 
treasurer of such city to the said teachers' retirement fund, and 
shall not be used or devoted to any other than the purposes of 
said fund. And nothing in this act shall be deemed to take from 

8 — 4343 



114 

said board of school trustees the powers now given to said board 
in relation to the levy of taxes under existing statutes. (R. S. 
1914, §6555 e 1.) 

Fund Invested. 

Sec. 4. The board of commissioners of such teachers' re- 
tirement fund shall determine what part of said fund may be 
safely invested, and how much shall be retained for the immedi- 
ate needs, demands and exigencies of said fund. Such invest- 
ment shall be made: (1) In interest-bearing bonds of the United 
States, or of the State of Indiana, or in any bond lawfully issued 
by any state or county, township, city or other municipal corp- 
oration, either within or without the State of Indiana; (2) loans, 
secured by mortgage upon real estate within the county wherein 
such city is located, which loans shall not be in excess of fifty per- 
centum of the appraised value of such real estate. All bonds, 
mortgages and other securities shall be deposited with and re- 
main in the custody of the treasurer of said board, who shall col- 
lect all interest due thereon and all the income therefrom, as the 
same shall become due and payable. (R. S. 1914, §6555 f 1.) 

Sinking Fund. 

Sec. 5. The board of commissioners of such teachers' re- 
tirement fund shall establish a sinking fund, to the credit of which 
shall be put and deposited all gifts, grants, devises and bequests 
and the unexpended balance remaining at the expiration of each 
fiscal year, and such sinking fund shall be and remain a perman- 
ent fund, and no part thereof shall be expended except the in- 
terest and income thereof and therefrom: Provided, That one- 
half of the amount added to such sinking fund any year may be 
used, if necessary, during the year immediately following. (R. 
S. 1914, §6555 g 1.) 

Annual Pensions. 

Sec. 6. Said teachers' retirement fund shall be used and de- 
voted in the manner and for the purposes as follows : 

Any person electing the provisions of this act who shall have 
rendered twenty years or more of teaching service in the public 
schools, twelve of which may have been in public schools outside 
of said city of not less than 20,000 nor more than 100,000 inhabit- 
ants, according to the last preceding United States census, who 



115 

ceases to be in the employ of the board of school trustees from any 
cause, shall be entitled to an annuity in accordance with the fol- 
lowing schedule: 

For 20 years of service $300 00 

For 21 years of service 325 00 

For 22 years of service 350 00 

For 23 years of service '. . 375 00 

For 24 years of service 400 00 

For 25 years of service 430 00 

For 26 years of service 460 00 

For 27 years of service 490 00 

For 28 years of service 525 00 

For 29 years of service 560 00 

For 30 or more years of service 600 00 

Provided, That no teacher in the service of said board of school 
trustees at the time of the passage of this act may be credited with 
more than twenty-five (25) years of service. 

Such annuities shall be paid in four equal payments as fol- 
lows: On January first, April first, July first and October first, 
of each year. 

In the event that any teacher electing the provisions of this 
act for any reason leaves the services of the board of school trus- 
tees before said teacher has been credited with twenty (20) years 
of service, such teacher shall be entitled to withdraw from the 
treasury of said teachers' retirement fund, such sum as will equal 
all payments made by such teacher into the treasury of this fund 
as fees, without interest. 

Provided, further. That in the event that such teacher sub- 
sequently returns to the employ of the board of school trustees, 
such teacher shall be required to refund to said fund the amount 
so withdrawn, with interest thereon at the rate of 5 per cent, per 
annum, such sum to be so refunded within one (1) year from the 
date of his or her return to service in the schools of said city of not 
less than 20,000 nor more than 100,000 inhabitants. In the event 
of the death of any teacher electing the provisions of this act, be- 
fore such teacher has been retired upon an annuity, then and in 
that case the heirs or legatees of such deceased teacher shall be 
entitled to a sum out of said fund equal to the sum paid into said 
fund by such deceased teacher, without interest. 

Provided, further, That no teacher retiring before being credited 
with thirty (30) years of service may be entitled to an annuity 



116 

unless such teacher be granted such annuity by the board of com- 
missioners of said retirement fund at the time of such retirement. 
(R. S. 1914, §6555 h 1.) 

Years of Service — How Computed. 

Sec. 7. In computing years of service, as provided in this 
act, the board of commissioners may include service as a public 
school teacher rendered outside of such city, not, however, in 
excess of twelve years, as a portion of such services necessary be- 
fore any teacher shall be entitled to any of the benefits of this act: 
Provided, That nothing in this section shall affect the amount or 
amounts to be paid into such retirement fund by teachers before 
being entitled to an annuity. And any teacher may be given a 
leave of absence for study, professional improvement or temporary 
disability, not exceeding one (1) year in seven (7), and shall be re- 
garded as a teacher and entitled to the benefits of this act: Pro- 
vided, That during such absence he or she continues to pay into 
such fund the amount of assessment payable by such teacher as 
provided in the schedule in section six (6) of this act. (R. S. 
1914, §6555 i 1.) 

Definition. 

Sec. 8. In computing time, under the provisions of this act, 
such time shall include services rendered before, as well as after, 
the taking effect of this act. And the full term or year of school 
in the corporation in which such service was rendered shall con- 
stitute a year of service under this act. (R. S. 1914, §6555 j 1.) 

Election of Commissioners — By-Laws. 

Sec. 9. The board of commissioners shall have the power 
and authority to make all necessary by-laws providing for the 
election of such commissioners to be elected as in this act pro- 
vided, the counting and canvassing of the votes for the same, their 
meetings, for the collection of all moneys and other property 
coming or belonging to said fund, and all other matters connected 
with the care, preservation and disbursement of the same, and 
the proper execution of the purposes and provisions of this act. 
And any annuity authorized by the board under this act shall be 
subject to reduction by said board of commissioners whenever in 
its judgment the condition of the retirement fund renders such 
reduction proper or necessary, and any annuity so reduced may 
thereafter be restored or increased, as such board may deem best. 
(R. S. 1914, §6555 kl.) 



117 

Pensions Exempt from Attachment. 

Sec. 10. All annuities granted and payable out of said teach- 
ers' retirement fund shall be and are exempt from seizure or levy 
upon attachment, execution, supplemental process and all other 
process, whether mesne or final; and such annuities or any pay- 
ment of the same shall not be subject to sale, assignment or trans- 
fer by any beneficiary and such transfer shall be absolutely void. 
(R. S. 1914, §6555 1 1.) 

Definition of "Teacher." 

Sec. 11. The term "teacher" as used in this act shall mean 
and include the superintendent of schools, the secretary to the 
superintendent, any principal, assistant principal, assistant super- 
intendent, supervisor, assistant supervisor, person in charge of 
any special department of instruction, and any teacher or in- 
structor now or hereafter regularly employed as such by the board 
of school trustees of such city. (R. S. 1914, §6555 m 1.) 

Repeal. 

Sec. 12. All laws or parts of laws in conflict with any of the 
provisions of this act are hereby repealed. 

[p. 658, Acts 1915.] 
Teachers' Pension — Fund Created. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That there shall be, and is hereby created, a fund to be 
known and designated as the Indiana state teachers' retirement 
fund, to be used and applied in the payment of annuities to per- 
sons engaged in teaching or in the supervision of teaching in the 
public schools of the state after stated periods of service, or for 
such other causes and under such conditions as are hereinafter 
set forth. 

Fund Consists of. 

Sec. 2. The Indiana state teachers' retirement fund shall 
consist of: 

1st. A permanent fund. 

Said permanent fund shall be made up of: (a) All gifts, grants, 
devises, and bequests in money, property or other form, which 
the board of trustees of said fund may be authorized and em- 



118 

powered to receive; (b) all other money or property which may 
from any other source become a part of this fund, and no part of 
said permanent fund shall be expended, except the interest and 
income thereon and therefrom. 

2nd. A current fund. 

Said current fund shall be made up: (a) All interest on in- 
vestments or deposits of permanent or current funds, (b) As- 
sessments on teachers' salaries as hereinafter provided, (c) Semi- 
annual apportionments, under conditions named in this act, from 
the proceeds derived from the state school tuition tax, of such 
additional amounts as are sufficient to meet all annuities, bene- 
fits and other expenses provided for under this act, in excess of 
funds derived from the two above named sources. 



Board of Trustees — Control. 

Sec. 3. The control and management of the Indiana state 
teachers' retirement fund shall be vested in a board of trustees to 
be known and designated as the board of trustees of the Indiana 
state teachers' retirement fund. 

Said board shall be composed of five members designated and 
appointed as follows: The state superintendent of public in- 
struction, the auditor of state, and the attorney-general of the 
state, who shall each be ex-officio a member of said board. The 
remaining two members shall be appointed by the governor of .the 
state, shall be from different counties of the state, shall be per- 
sons engaged in teaching or in the supervision of teaching, and, 
except in cases of first appointments in June, 1915, shall be per- 
sons who have come under the provisions of this act. 

Appointments of trustees by the governor shall be made 
between the 1st and 15th days of June, the first appointments to 
be made in June, 1915. The terms of office of trustees so appointed 
shall begin on the first day of August following their appointment 
and, except in case of the first appointments, shall be for three 
years from and after that date. In making the first appoint- 
ments, the governor shall appoint one member for two years and 
one for three years. Vacancies in the board of trustees caused by 
the death or resignation of appointive members shall be filled by 
the governor for the unexpired terms. All members shall serve 
until their successors are appointed and have qualified. 



119 
Organization of Board. 

Sec. 4. Said board of trustees shall meet for the first time on 
the first Monday in August, 1915, in the office of the state super- 
intendent of public instruction. The state superintendent of 
public instruction shall notify members of said meeting and act 
as temporary chairman thereof. 

Said board of trustees of the Indiana state teachers' retire- 
ment fund shall organize by election from its members a presi- 
dent, a vice-president, and a secretary, who shall constitute the 
officers of the said board and each of whom shall serve for a 
period of one year, or until his or her successor is regularly elected 
and qualified. It shall also be within the province of said board to 
employ assistant secretaries or clerks from outside its member- 
ship if the clerical work of the board should make such action 
necessary. 

Annually thereafter, on the first Monday in August each year, 
the board shall meet and organize by the election of officers as 
above. Special meetings may be held upon the call of the presi- 
dent or upon. the signed call of any three members of the board. 

A majority of the board shall constitute a quorum at any 
meeting for the purpose of transacting business. 

State Divided — Units. 

Sec. 5. For the purpose of the administration of this act 
the state shall be divided into units as follows: Each city with a 
population of 5,000 or more according to the last preceding United 
States census shall constitute a unit, each county of the state shall 
constitute a unit and each public state normal school of the state 
supported by public money and devoted to the preparation of 
teachers, shall constitute a unit or any other public state educa- 
tional institution of this state provided for under this act sup- 
ported wholly by public money and whose teachers devote their 
entire time to teaching, shall constitute a unit, for the adminis- 
tration of this act. Each city or town of the state with a popu- 
lation of less than 5,000 according to the last preceding United 
States census, shall be considered as a part of the county unit in 
which it is located and each city having a population of 5,000 
or more shall be considered as a unit separate from the county in 
which it is located. 



120 



Units Petition. 



Sec. 6. Any one of the above described units shall come under 
the provisions of this act whenever a majority of the teachers 
regularly employed in the public schools of said unit, together with 
a majority of the school officials of said unit, shall petition there- 
for to the board of trustees of the Indiana State teachers' retire- 
ment fund. Such petition must be accompanied by the applica- 
tions regularly filled out of all teachers so petitioning to become 
beneficiaries under this act. Provided, however, That presidents of 
boards of school trustees of cities having a population of 5,000 
or more shall not be included in a petition from the school offi- 
cials of the county unit in which such city is located. 

Acceptance of Act. 

Sec. 7. Any school corporation of the state (hereinafter called 
a unit) which at the time of the passage of this act has, in pursu- 
ance of any statute of this state, a teachers' pension or annuity 
system, may, if such unit so elects, come under the operation of 
this statute. For that purpose such unit shall present to the 
board of trustees of the Indiana state teachers' retirement fund 
(hereinafter in this section called the board) a petition to be 
admitted, which petition shall be signed by a majority of the then 
active teachers regularly employed by such unit and who are then 
contributors to the local pension fund, and concurred in by the 
school trustees or the other governing body of the school cor- 
poration of such unit, and a majority of the board of commission- 
ers of the teachers' retirement fund, if any, of said unit, as ex- 
pressed in formal corporate action, and shall concurrently pay, 
transfer, make over and assign to the board all moneys, credits 
and other property belonging to the local unit's pension or re- 
tirement department, including, when collected, the proceeds of 
any tax theretofore levied for the benefit of such local pension de- 
partment. If the value of the moneys and property so transferred, 
exclusive of such then levied but uncollected taxes, shall not ag- 
gregate a sum as great as the aggregate of all payments up to 
that time made to the local pension fund by the teachers of such 
unit still at that time regularly employed in its schools, then, at 
the time of making such transfer of funds, the unit shall sup- 
plement such value by the sum necessary to make up such de- 
ficit. Such unit shall, at the same time, deliver to the board its 
records concerning its teachers who are under the operation of its , 



121 

local pension fund, and also the applications of such teachers for 
membership under such local fund, and shall at the same time de- 
liver an application from each such petitioning teacher to become 
entitled to the benefits of the provisions of this statute and of the 
Indiana state teachers' retirement fund and by any others of the 
unit who desire to apply. Teachers who records are so transferred 
shall then be given credit under this act for years of service equal 
to that to which they were entitled because of assessments 
paid under the local pension or annuity act from which their 
records were transferred. The unit shall at the same time fur- 
nish to the board of trustees the names, addresses and records of 
all persons at the time entitled to receive and receiving annuities 
from its local pension fund. The annuities under the Indiana state 
teachers' retirement act of all teachers already receiving or en- 
titled to receive annuities or benefits under the pension or an- 
nuity system so transferring them shall be and remain the same as 
such teachers were receiving or would have received under the 
pension or annuity system from which they were transferred. If 
any part of the moneys or property of the local pension fund so 
transferred shall at the time of transfer, and in pursuance of law, 
be a ''permanent fund" the same shall, after transfer, remain a 
part of the permanent fund in the hands of the board, the in- 
come only of which shall be applied, agreeably to the provision 
of this statute, to the use and benefit of such unit only. As soon 
as the unit shall have complied with the provision of this section, 
the title to the local pension fund property and assets of such unit 
shall, ipso facto, by operation of law, pass to and vest in the 
board, and thereafter said unit shall take no step in conducting its 
local pension fund except such as may be necessary to collect and 
pay over to the board any tax theretofore levied but not fully col- 
lected. Provided, That nothing in this section shall be con- 
strued as impairing or interfering with any retirement system 
now operative in this state. 

State Institutions — Educational — ^Acceptance of Act. 

Sec. 8. Whenever a majority of the board of trustees and a 
majority of the teachers of any public state normal school of this 
state, supported by public money and devoted to the preparation 
of teachers, or of any other public state educational institution of 
this state provided for under this act supported wholly by public 
money and whose teachers devote their entire time to teaching, 



122 

shall petition the board of trustees of the Indiana state teachers' 
retirement fund to come under the provisions of this act, the said 
board may grant such petition, provided the petition is accom- 
panied by the regular applications of the teachers so petitioning 
to accept the provisions of this act, and meet all the conditions 
of this act. Each such school shall then constitute a separate 
unit for the administration of this act. It shall then be the duty 
of the trustees of said school to pay to the board of trustees of 
the Indiana state teachers' retirement fund, semi-annually, on the 
first Monday in January and the first Monday in July of each year, 
a sum equal to one half the sum certified by said board of trustees 
of the Indiana state teachers' retirement fund as necessary to meet 
the annuities and other expenses under this act, of that particular 
unit for the current year over and above the amounts received 
from assessments of teachers in that particular unit and from 
other sources as set forth in this act. Said amounts to be paid 
shall be taken from any funds coming into the hands of said 
board of trustees of said state school for the payment of teach- 
ers for instruction in said school. 

Duties of Trustees. 

Sec. 9. The president of the board of trustees of the Indiana 
state teachers' retirement fund shall preside at the meetings of 
the board and perform all other duties required under this act 
and those usual to such office. The vice-president shall perform 
all duties of the president in his absence. It shall be the duty of 
the secretary to keep a true and accurate account of the pro- 
ceedings of said board of trustees. And to have the custody and 
care of all books and papers pertaining to and connected with the 
administration of this act and for the care of which other pro- 
visions are not made in this act. 

Said board of trustees of the Indiana state teachers' retire- 
ment fund shall have full power to adopt and enforce all iieces- 
sary by-laws and regulations for the government and administra- 
tion of this act not inconsistent with the same. Said board may 
sue and may be sued under the name and style of the board of 
trustees of the Indiana state teachers' retirement fund, shall have 
the authority to summon and examine witnesses in the adjust- 
ment of claims; shall have power to meet any emergencies which 
may arise in the administration of its trust; and shall have dis- 
cretionary power in determining all matters pertaining to its trust 
not specifically provided for in this act. 



123 

Members of said board shall serve without pay, except that all 
traveling and all other necessary expenses incurred by them in at- 
tending meetings and performing other necessary duties of their 
office, together with necessary clerical assistance and other ex- 
penses incurred by the board in the administration of this act 
shall be paid, upon proper order, from current fund, and such 
expense shall be prorated to the several units operating under this 
act, on the basis of the actual number of teachers having come 
under the provisions of this act and who are paying assessments 
in accordance herewith in such units. 

Fund in Control of Board. 

Sec. 10. The board of trustees of the Indiana state teachers' 
retirement fund shall have charge of and administer the said re- 
tirement fund. Said board of trustees shall have charge of all 
property belonging to said fund and may take by gift, grant, de- 
vise, or bequest, any money or property coming into said fund, 
and any such gift, grant, devise, or bequest may be absolute, or 
upon condition that only rent, profits, or income arising from 
the same shall be applied to the uses and purposes of said fund. 

Such board of trustees shall be authorized to take such a gift, 
grant, devise, or bequest, under and by the style of the board of 
trustees of the Indiana state teachers' retirement fund, and to 
hold the same and, unless otherwise provided by the condition 
of the trust, assign, transfer, or sell the same, whenever proper 
and necessary for the benefit of the retirement fund. The board 
shall receive and receipt for all such gifts, grants, devises, bequest, 
and all other funds belonging to or coming into the permanent 
fund, judiciously invest the same and promptly turn over all re- 
ceipts therefrom to the regularly constituted custodian thereof. 

The board shall also receive and receipt for all moneys com- 
ing into the current fund, turn the same over to the custodian 
thereof and direct their disbursement, no payments being al- 
lowed therefrom except upon the express written order of the board 
officially signed by its president and secretary. 

The board shall report annually the condition of the funds in 
its charge, the names of the several units of the state that have ac- 
cepted the provisions of this act, and an itemized statement of the 
receipts and expenditures on account of the fund for each unit ac- 
cepting the provisions of this act; a list of the beneficiaries of the 
current fund; an estimate of amounts required for annuities, bene- 



124 

fits and other expenses for the following year, and the approxi- 
mate amounts required to be apportioned to the different units 
from the proceeds of the tax for the state school tuition fund to 
meet necessary expenses over and above receipts from the other 
sources named. Said report shall be submitted to the governor 
on or before the 15th day of August of each year. Said report may 
also be printed and distributed to all persons entitled to an in- 
terest in said funds and who are in any way bound by the pro- 
visions of this act. 

State Treasurer — Custodian of Funds. 

Sec. 11. The treasurer of the State of Indiana shall be the 
custodian of all moneys, papers, and securities belonging to or be- 
ing a part of either the permanent or current funds of the Indiana 
state teachers' retirement fund. He shall deposit, take care of, 
and report such funds in accordance with the provisions of this 
act and of the Indiana state depository law, and shall pay the 
same only upon the order of the board of trustees of the Indiana 
state teachers' retirement fund, properly signed by the presi- 
dent and secretary thereof. 

All interest accruing on funds of any kind belonging to said 
fund shall go into the current retirement fund. 

It is hereby expressly provided that no annuity or benefit 
of any kind authorized by this act shall be due or be paid prior 
to January 1, 1917. 

Applications for Pension. 

Sec. 12. The board of trustees of the Indiana state teach- 
ers' retirement fund shall receive and pass upon all applica- 
tions for annuities or benefits under this act. It shall have power 
to summon witnesses, order medical examinations, select or ap- 
prove physicians for such examinations, and conduct all reason- 
able investigations to enable it to determine intelligently the jus- 
tice of any claim submitted. 

Teachers' Assessed. 

Sec. 13. Every teacher coming under the provisions of this 
act shall be assessed upon his or her salary for the school year in 
which such assessment is made as follows: For the first fifteen 
years of teaching service, $10.00 per year; for the next ten years 
of teaching service, $20.00 per year; for the next ten years of 



125 

teaching service, $25.00 per year; for the remaining years of teach- 
ing service up to and including the fortieth year of such service, 
$20.00 per year. Provided, That should a teacher coming under 
the provisions of this act teach longer than forty years, no assess- 
ment shall be collected from such teacher for time taught beyond 
the period of forty years. 

All assessments upon teachers' salaries provided for in this 
act shall be paid in equal installments corresponding to the sec- 
ond, fourth and sixth months of the school year in which the 
salaries upon which such assessments are made are paid. 

From and after August 1, 1915, it shall be the duty of the 
board of trustees of the Indiana state teachers' retirement fund to 
report semi-annually to each official charged with the payment of 
salaries to teachers in each unit in the state that has elected to 
come under the provisions of this act, the name of each teacher 
under this act receiving payment from such paying official. Said 
notification shall be given on or before the first day of October 
and the first day of February of each year. 

It shall then be the duty of such paying official, at the time of 
payment of salaries to such teachers for the second, fourth and 
sixth school months of each school year, to deduct from the sal- 
aries of each of the teachers whose names have been so reported, 
an amount equal to one-third of the total amount due from said 
teacher for the entire school year as assessments under this act, 
and said paying official shall between the first and fifteenth days 
of January and June of each year, pay over to the board of trus- 
tees of the Indiana state teachers' retirement fund all money that 
has come into his hands from assessments on teachers' salaries as 
provided for in this act. Whatever credits may be due any teach- 
er because of assessments paid under this act shall be credited to 
the unit under this act in which he or she is working. 

Payment of Arrearages. 

Sec. 14. Teachers coming under the provisions of this act 
shall be required to pay arrearages at the above rates, for such 
time of service, from one (1) to forty (40) years inclusive, as they 
are authorized to have recognized under the provisions of this 
act, provided, that any teacher entitled under the provisions of 
this act to credit for one or more years of teaching service at the 
time when he or she elects to accept the provisions of this act, may 
waive his or her right to such credit and pay only current rates 



126 

from the time when the membership begins, and receive no credit 
for previous service. Such arrearage may be paid in cash during 
the first year, or may be paid in five equal annual installments 
with interest at the rate of five per cent, per annum, payable an- 
nually, upon the deferred installments. In case the latter option 
is taken, interest upon the deferred installments shall com- 
mence at the end of the first year after electing to accept the pro- 
visions of this act: Provided, further, That in case any teacher is 
retired before he or she has paid in assessment a sum equal to one- 
half of the maximum annuity to which he or she would be en- 
titled, then and in that case there shall be deducted from the an- 
nuity to be paid to such retired teacher during the first year, such 
sum as will make the total amount paid by such teacher one- 
half of the maximum annuity to which he or she is entitled, and 
the remainder of fees or arrearages due or to be paid by such 
retired teacher shall be payable in installments as hereinbefore 
set forth. 

Record of Units and Teachers. 

Sec. 15. The board of trustees of the Indiana state teach- 
ers' retirement fund shall keep an accurate record of all units of the 
state that have accepted and are working under the provisions of 
this act; the number and names of all teachers in each who have 
met the conditions of becoming beneficiaries under the same; the 
amount of assessments paid by each teacher, together with the 
total amount paid from each unit; the number of teachers re- 
ceiving or entitled to receive annuities, or benefits of any kind 
from the Indiana state teachers' retirement fund, together with 
the amounts due or to become due to each unit and the total 
amount due as annuities from each unit. Said board of trustees 
shall then apportion to the several units accepting and working 
under this act all current funds in its hands outside of funds col- 
lected as assessments from teachers and over and above amounts 
necessary for actual running expenses as provided in this act, said 
apportionment being based upon the actual number of teachers 
having come under the provisions of this act and who are paying 
assessments in accordance therewith. 

The board shall then certify to the state superintendent of 
public instruction the amount required by each unit, over and 
above the amounts credited to it from assessments paid by its 
teachers and the amount apportioned to it from the other current 



127 

funds under this act, to meet the demand under this act upon that 
particular unit for the following fiscal year. It shall then be the 
duty of the state superintendent of public instruction, when mak- 
ing his semi-annual apportionments of the proceeds derived from 
the state school tuition tax in January and in June of each year, to 
withhold from each unit so certified by the board of trustees of the 
Indiana state teachers' retirement fund a sum equal to one-half 
the amount certified as necessary to meet the demands of that unit, 
under this act, over and above the proceeds derived by said unit 
from other sources named in this act. The state superintendent of 
public instruction shall certify the amount so withheld to the 
county auditor of the county in which said unit is located and shall 
at once turn said amount over to the trustees of the state teachers' 
retirement fund. 

Provided, That for such state normal schools and other public 
state educational institutions of this state included under this 
act, as do not receive their public money through the county 
auditor and which come under the provisions of this act, the 
board of trustees of the Indiana state teachers' retirement fund 
shall send the required notices to the state auditor instead of to 
the state superintendent of public instruction. The state auditor 
shall then withhold, from any money to which such schools may 
be entitled for the payment of teachers' salaries, the amounts 
shown by said notices to be required in addition to the assess- 
ments on teachers' salaries in such schools to meet the require- 
ments of teachers' annuities under this act, and semiannually 
between the first and fifteenth days of January and June of each 
year the state auditor shall pay to said trustees of the Indiana 
state teachers' retirement fund all moneys so withheld by him to 
date under provisions of this act. 

Investment of Funds — ^Cash on Hand. 

Sec. 16. The board of trustese of the Indiana state teachers' 
retirement fund shall determine what part of said fund may be 
safely invested and how much shall be retained for the im- 
mediate needs, demands and exigencies of said fund. Such in- 
vestments shall be made: (1) In interest-bearing bonds of the 
United States; or of the State of Indiana, or in any bond lawfully 
issued by state or county, township, city, or other municipal corp- 
rations within the United States; (2) loans secured by first mort- 
gage upon improved real estate, which loans shall not be in excess 



128 

of fifty per cent, of the appraised value of such real estate. All 
bonds, mortgages, and other securities shall be deposited with and 
remain in the custody of the custodian of said fund, who shall col- 
lect all interest due thereon and all the income therefrom, as the 
same shall become due and payable and deposit same to the 
credit of the current fund of the Indiana state teachers' retire- 
ment fund. 

Amount of Pensions. 

Sec. 17. Said Indiana state teachers' retirement fund shall be 
used and devoted in the manner and for the purposes as follows: 
Any person coming under the provisions of this act who shall 
have rendered thirty-five years or more of teaching service in the 
public schools, twelve of which may have been in public schools, 
outside of the state, who ceases to be in the employ of the public 
schools of the state from any cause, shall be entitled to an 
annuity in accordance with the following schedule: 

For 35 years of service .$600 00 

For 36 years of service 620 00 

For 37 years of service 640 00 

For 38 years of service 660 00 

For 39 years of service 680 00 

For 40 years of service 700 00 

Provided, That any teacher in the service of the public schools 
of the state may be temporarily or permanently retired for dis- 
ability on an annuity in accordance with the schedule in this act 
after he or she shall have served as such teacher as per the con- 
ditions of this act for a period of twenty-five years or more: and 
Provided, further, That when a teacher is retired for any disability 
before he or she has met with the conditions for permanent re- 
tirement under this act, such retirement shall continue only until 
such disability is relieved or removed, and no further annuity 
or benefit shall be paid to such teacher after medical examination 
made on demand of the board of trustees of the Indiana state 
teachers' retirement fund and at the expense of said teacher shall 
establish that such disability is removed. No benefit for dis- 
ability shall be paid for less than one-half of a school year. 

The schedule according to which disability benefits shaJl be 
paid follows; 



129 

For 25 years of service $350 00 

For 26 years of service 375 00 

For 27 years of service 400 00 

For 28 years of service 425 00 

For 29 years of service 450 00 

For 30 years of service 475 00 

For 31 years of service 500 00 

For 32 years of service 525 00 

For 33 years of service 550 00 

For 34 years of service 575 00 

Such annuities shall be paid upon the order of the board of 
trustees in four equal payments as follows : On January first, 
April first, July first, and October first, of each year. 

In the event that any teacher coming under the provisions of 
this act for any reason leaves the services of the public schools 
of any unit of this state operating under this act, before said 
teacher is entitled to receive annuities under this act, such teacher 
shall be entitled to withdraw from the treasury of the Indiana 
state teachers' retirement fund, such a sum as will equal all pay- 
ments made by such teacher into the treasury of this fund with- 
out interest. 

Provided, That any benefits which such teacher may have re- 
ceived for disability prior to the time of such withdrawal, shall be 
deducted from amount to be so withdrawn. 

Provided, further. That in the event that such a teacher sub- 
sequently returns to the employ of a school of a unit under this 
act, such teacher shall be required to pay to the fund of the unit 
in which such teacher is employed the amount so withdrawn with 
interest thereon at the rate of five per cent, per annum from date 
of withdrawal, such sum to be paid within one year from the date 
of his or her return to service in the schools of the state. In the 
event of the death of any teacher coming under the provisions of 
this act, before such teacher has been retired upon an annuity, 
then and in that case the heirs or legatees of such deceased teacher 
shall be entitled to a sum out of said fund equal to the sum paid 
into said fund by such deceased teacher, without interest, and 
after deductions for whatever benefits have been paid such teacher 
have been made. 

Computing Years of Service. 

Sec. 18. In computing years of service, as provided in this 
act, the board of trustees may include service as public school 

9—4343 



130 

teacher rendered outside of the state, not, however, in excess 
of twelve years, as a portion of such services necessary before any 
teacher shall be entitled to any of the benefits of this act, pro- 
vided, that nothing in this section shall affect the amount or 
amounts to be paid into such retirement fund by teachers before 
being entitled to an annuit3^ Any teacher may be given a leave 
of absence for study, professional improvement, or temporary 
disability, not exceeding one year in seven, and shall be regarded 
as a teacher and entitled to the benefits of this act, provided that 
during such absence he or she continues to pay into such fund the 
amount of assessment paj^able by such teacher as provided by this 
act. 

Credit shall be given under this act for all years of service ren- 
dered under its provisions before, as well as after, the taking ef- 
fect of this act. And the full term or year of school in the corp- 
oration in which such service was rendered shall constitute a 
year of service under this act. 

Attachment — Pensions Exempt. 

Sec. 19. All the annuities granted and payable out of said 
state teacher's retirement fund shall be and are exempt from sei- 
zure or levy upon attachment, supplemental process, and all other 
process; and such annuities or any payment of the same shall 
note be subject to sale, assignment, or transfer by any beneficiary; 
and any such sale, assignment or transfer shall be absolutely void. 

Teachers Eligible to Pension. 

Sec. 20. The beneficiaries of this fund shall include any 
legall}^ licensed and regularly employed teacher, teacher-clerk, 
supervising principal, principal, supervisor, superintendent of 
schools, person in charge of teaching any special department of 
instruction or training, or any other teacher or instructor legally 
licensed and regularly employed as such in any of the public 
schools of this state; or in any public state normal school of the 
state, supported by public money, and devoted to the preparation 
of teachers; or the qualified and regularly employed teachers, 
principals, superintendent and others named above in any other 
public state educational institution of this state supported wholly 
by public money, and whose teachers devote their entire time to 
teaching, Provided, however, That no institution which is operat- 
ing under any pension or annuity system not provided for by 



131 

laws of the State of Indiana, may come under the provisions of 
this act. 

Pensions Withdrawn. 

Sec. 21. Whenever any person receiving any benefits from 
said fund shall be convicted of any felony or of any misdemeanor 
of which he or she shall be adjudged to be imprisoned; or shall 
fail to report for examination as required herein, unless excused 
by the board of trustees of the Indiana state teachers' retirement 
fund, or shall disobey the requirements of said board of trustees 
in respect to said examination, then such board may order that 
the annuity allowed and paid to him or to her shall cease. 

Subsequent Applications. 

Sec. 22. Any teacher teaching in any unit of the state at the 
time such unit elects to come under the provisions of this act, 
who does not at that time make application as provided under 
this act, may make such application at any subsequent time, provided 
that with such application there is submitted full payment of all 
arrearages for time to which such teacher is entitled as credits 
under this act, together with five per cent, compound interest on 
same from the date at which such teacher had first opportunity 
to come under the provisions of this act. 

[p. Ill, Acts 1915.] 
Tuberculosis — Contagious — Duties of Physicians. 

. Section 1. Be it enacted by the general assembly of the State 
of Indiana, That tuberculosis being hereby declared to be an in- 
fectious and communicable disease dangerous to the public health, 
it shall be the duty of every practicing physician in this state 
to report the name and address of every person known by him to 
be infected with tuberculosis, to the health officer of the city, town 
or county in which such person resides, at least five days after such 
fact comes to the knowledge of the physician; it shall also be the 
duty of the cheif [chief] officer having charge for the time being of 
any hospital, dispensary, asylum or other similar private or public 
institution to report the name, age, sex, color, occupation, place 
where last employed if known and the home address of every 
person having tuberculosis who comes under his care or under his 
observation, at least five days after such fact comes to his knowl- 



132 

edge, to the health officer of the city, town or county from which 
such patient comes; and it shall be the duty of every authorized 
school physician to report the name, age, sex, color, school and 
home address of every school child, teacher or school janitor, 
having tuberculosis, who comes under his observation in the per- 
formance of his duties in connection with the medical inspection 
of schools,' at least five days after such fact comes to his knowledge, 
to the health officer of the city, town or county in which such 
child, teacher or janitor resides. 

Health Officer — Report to State Board of Health. 

Sec. 2. The health officer of every city, town and county in 
the state, shall report monthly to the state board of health, the 
names and addresses of, and all other information available con- 
cerning persons infected with tuberculosis, which have been re- 
ported to him during that period as provided in section 1 of this 
act. The state board of health shall appoint a deputy whose duty 
it shall be, under the direction of the state board of health, to 
tabulate all such reports received from the health officers of the 
cities, towns and counties and to investigate the prevalence, causes 
and distribution of human tuberculosis in the state for the purpose 
of determining its relation to the public health and welfare and to 
devise ways and means for restricting and controlling the disease. 
The results of his investigations shall form a part of the annual 
report of the state board of health and shall be otherwise dis- 
tributed as the state board of health may decide among the people 
of the state for their enlightenment as to the prevalence and 
dangers of tuberculosis and the best methods of its cure and 
prevention. 

Notice to Owner of Property. 

Sec. 3. The health officer of every city, town and county, 
shall as soon as possible after he receives the report of any phy- 
sician or other authority as provided in section one (1) of this act, 
that a person under their care and observation is suffering from 
tuberculosis, except in the cases of inmates of hospitals, dis- 
pensaries, asylums or other similar private or public institutions, 
and also immediately after receiving notice as hereinafter pro- 
vided of the removal of any such person infected with tuberculosis, 
ascertain the name and address of the owner or agent of the apart- 
ment, home, room or premises occupied by such person so infected 



133 

with tuberculosis and notify immediately such owner or agent that 
an apartment, house, room or premises, owned or rented by such 
owner or agent is occupied by a person infected with tuberculosis 
and further inform him of the duties hereinafter required of him 
in connection with the death or removal of such person infected 
with tuberculosis and in connection with the disinfection of such 
apartment, home, room or premises, and the penalties for failure 
to comply with such provisions. 

Disinfecting Premises — ^Compulsory. 

Sec. 4. When any apartment, house, room, or premises is 
vacated by the death or removal therefrom of a person infected 
with tuberculosis, the owner or agent of such apartment, house, 
room or premises shall notify the health officer of the city, town 
or county in which such apartment house, room or premises is 
situated that such apartment, house, room or premises has been 
vacated. Upon receiving such notice such health officer shall 
himself or through his deputies disinfect such apartment, house, 
room, or premises in the following manner: All windows, outside 
doors, and exits of such apartment, house, room, or premises shall 
be closed and all inside doors, closets, drawers and shelves of the 
aforesaid apartment, house, room, or premises shall be open during 
the process of disinfection for a period of not less than two (2) 
hours and a separate vessel of the disinfectant hereinafter pro- 
vided shall be exposed in each room and hall; and a temperature 
not lower than 50 degrees above Fahrenheit and with atmospheric 
moisture of not less than 60% of saturation there shall be used 10 
ounces of formaldehyde and 5 ounces of permanganate of potash 
per 1,000 cubic feet of room space; in a temperature not higher 
than 50 degrees Fahrenheit and with atmospheric moisture not 
exceeding 60% of saturation there shall be used 20 ounces of 
formaldehyde and 10 ounces of permanganate of potash per 
1,000 cubic feet of room space. All expenses of such disinfection 
shall be borne by the city, town or county in which the aforesaid 
apartment, house, room or premises is situated. 

Renting Property Without Disinfecting. 

Sec. 5. It shall be unlawful for any owner or agent to rent 
or allow to be occupied any apartment, house, room, or premises 
vacated by the death or removal therefrom of a person infected 
with tuberculosis, until such apartment, house, room, or premises 
shall have been thoroughly disinfected as above provided. 



134 

Penalty. 

Sec. 6. Any physician, any chief officer having charge of any 
hospital, dispensary, asylum or other similar private or public 
institution, any authorized school physician, any city, town or 
county health officer, or any owner, agent or any other person 
violating any provision of this act shall be guilty of a misdemeanor 
and shall, on conviction thereof, be fined not less than ten dollars 
.00) nor more than fifty dollars ($50.00). 



[p. 505, Acts 1913.] 

Taxation — State Revenue — Levy — General Fund. 

Section 1. Be it enacted by the general assembly of the State 
of Indiana, That in the year 1913 and annually thereafter, there 
shall be levied and collected as other state taxes are levied and 
collected the sum of seven cents upon each one hundred dollars' 
worth of taxable property, and fifty cents on each taxable poll 
in the State of Indiana, which money when collected' shall be 
paid into the general fund of the state treasury. 

Benevolent Institution Fund — Levy. 

Sec. 2. There shall be in the year 1913 and annually there- 
after, levied and collected as other state taxes are levied and 
collected the sum of ten cents on each one hundred dollars worth 
of taxable property in the State of Indiana, which money, when 
collected, shall be paid into the state treasury and shall be kept 
and known as the "benevolent institution fund," and shall be 
used for the support of the benevolent and reformatory insti- 
tutions of the state: Provided, That whenever there shall be a 
credit to said ''benevolent institution fund," as a result of the tax 
in this section provided for, or from any such tax heretofore levied 
and collected, the auditor of state is authorized and empowered to 
charge to such fund and transfer and credit to the general fund any 
sum or sums that may have been heretofore, or that may here- 
after be paid out of the general fund for the use and benefit of said 
benevolent institutions, and whenever there shall be a deficit in 
such fund there shall be transferred from the general fund and 
credited to the benevolent institution fund a sum sufficient to 
meet such deficit. 

State Debt Sinking Fund — Levy. 

Sec. 3. That there shall be levied and collected in the year 
1914, and annually thereafter, as other state taxes are levied and 



135 

collected, the sum of one and one-half (1|) cents on each one 
hundred dollars ($100.00) worth of taxable property of this 
state, which money when so collected, shall be paid into the state 
treasury, and shall be kept and known as the "state debt sinking 
fund" and the proceeds from such levy and tax shall be used for 
the payment of the principal and interest of the public debt of 
this state as the same may become due, and payable, and such 
tax shall not be diverted from said purpose. 

Educatioaal Institution Fund — Levy. 

Sec. 4, There shall be levied and collected upon the taxable 
property of the State of Indiana in the year 1913, and in each 
year thereafter, for the use and benefit of the Indiana University 
(Indiana University School of Medicine, and Hospital), Purdue 
University and the Indiana State Normal School to be apportioned 
as hereinafter in this act provided, a tax of seven cents on each 
one hundred dollars of taxable property in Indiana, to be levied, 
collected and paid into the treasury of the State of Indiana, in 
like manner as other state taxes are levied and collected and paid, 
and the same shall be distributed and apportioned among them, 
severally upon the basis as follows, viz.: To the said trustees of 
Indiana University upon the basis of two-fifths (2-5) of the total 
proceeds of this tax; to the trustees of Purdue University upon 
the basis of two-fifths (2-5) of the total proceeds of this tax; and 
to the trustees of the Indiana State Normal School upon the basis 
of one-fifth (1-5) of the total proceeds of this tax. The money 
derived from the tax provided for in this act shall be paid to the 
trustees of said institutions on warrants of the auditor of state, in 
the same manner as the benevolent institution fund is disbursed 
to boards of trustees of benevolent and reformatory institutions. 
When the funds provided for by this act for said educational in- 
stitutions shall become available, said funds shall constitute the 
total amounts to be paid out of the treasury of the state to said 
institutions for any purpose, thereafter, and all acts and parts of 
acts in conflict with this provision are hereby repealed : Provided, 
That nothing in this act shall effect in any way any endowment 
or permanent fund or funds that may belong to or may have been 
appropriated for either Indiana University of Purdue University 
or the right of any of said institutions mentioned in this act to any 
taxes heretofore levied for their benefit, but all such taxes hereto- 
fore levied are hereby saved to said institutions: And, Provided, 
further, That no part of the general school revenue of the state shall 
be deducted or set apart to the State Normal School. 



136 

Unexpended Balance — Educational Institution Fund. 

Sec. 5. In case there shall be any unexpended balance at the 
end of any fiscal year, of the funds provided for by this act, ap- 
portioned to any one of said educational institutions, the same 
shall not revert to the general fund but shall remain and belong 
to said institution to which it was apportioned, to be expended in 
the future only for the physical improvement of such institution; 
and no educational institution herein named shall construct any 
new building or buildings from said fund without first receiving 
the approval of the state board of finance. 

Repeal. 

Sec. 6. All laws in conflict with the provisions of this act, 
except where otherwise provided herein, are hereby repealed. 
(Acts 1913, p. 505). 

[p. 695, Acts 1915.] 

Preamble. 

Whereas, By an act of congress entitled "An act to provide for 
co-operative agricultural extension work between the agri- 
cultural colleges in the several states receiving benefits of an 
act of congress approved July 2, 1862, and of acts supplemental 
thereto, and the United States department of agriculture," 
approved May 8, 1914, certain moneys were provided for the 
purpose of "diffusing among the people of the various states 
useful and practical information on the subjects relating to 
agriculture and home economics, and to encourage the ap- 
plication of the same" through the agency of the agricultural 
colleges in co-operation with the United States department of 
agriculture, on conditions, which conditions are as follows: 

"The appropriation shall be paid annually in the manner 
hereinafter provided, to each state which shall by action of its 
legislature assent to the provisions of this act, provided that 
payment of such installments of the appropriation hereinbe- 
fore made as shall become due to any state before the adjourn- 
ment of the regular session of the legislature rneeting next 
after the passage of this act, may in the absence of prior 
legislative assent be made upon the assent of the governor 
thereof duly certified to the secretary of the treasury," and 

Provided, further, "That the sums provided for extension 
work shall be paid in semi-annual payments on the first day of 



137 

January and July of each year by the secretary of the treasury 
upon the warrant of the secretary of agriculture, out of the 
appropriation of the United States, to the treasurer or other 
officer of the state duly authorized by the laws of the state to 
raise the same," and 
Whereas, the Governor of the State of Indiana did, on June 25, 
1914, provisionally accept such grant for and on behalf of 
Purdue university for the agricultural extension department 
established in connection therewith by an act of legislature 
approved February 27, 1911, and did designate the treasurer 
of Purdue university as the officer duly authorized to receive 
the same, therefore, 

Purdue University — Government Grant. 

Section 1. Be it resolved by the general assembly of the State 
of Indiana, That such grant is hereby accepted for and on behalf 
of Purdue university, and the treasurer of Purdue university is 
designated as the officer to receive the same, and the legislative 
assent of Indiana is hereby given to the purpose of said grant. 

[p. 625, Acts 1915.] 
State Institutions — Purchase Supplies from Blind School* 

Section 1. Be it enacted by the general assembly of the State 
of Indiana, That the state institutions, except where similar 
articles are made therein and political divisions of the state using 
supplies such as are produced under the supervision of the board 
of industrial aid for the blind, shall be required to purchase such 
articles in the same manner and under the same conditions as 
articles produced in the Indiana reformatory are now required to 
be purchased by law. 

Descriptive Catalogue — Publishing. 

Sec. 2. It shall be the duty of the board of industrial aid for 
the blind, from time to time, after the taking effect of this act, to 
issue a printed descriptive catalogue for the use of the various 
state institutions and political divisions of the state, showing in 
detail and by cuts such articles as are or may be produced or 
manufactured by the persons coming under the supervision of said 
board for the industrial aid for the blind; and when any such state 
institutions or political divisions of the State of Indiana are in 



138 

need of such articles as are described in such catalogue, the board 
of control, boards of trustees, or boards of managers and the 
heads of such institutions, boards of county commissioners, town- 
ship trustees, superintendents of poor asylums and county sheriffs 
shall make requisition on the board of industrial aid for the blind 
for such articles as are needed, giving such board a reasonable time 
to produce or supply the articles required, and shall not purchase 
any such articles elsewhere, except of the Indiana reformatory, as 
now provided by law, unless the same cannot be furnished by such 
board of industrial aid for the blind. Such boards and above 
named officers shall not contract for or pay any bill for any such 
articles as are made under the supervision of said board of in- 
dustrial aid for the blind which are shown in the catalogue to be 
issued as foresaid, except such articles as are produced or manu- 
factured at the Indiana reformatory, as now provided by law, until 
a written statement has been given them that such board of in- 
dustrial aid for the blind cannot furnish such articles. 

Supplemental Act. 

Sec. 3. This act shall be construed as supplemental to an 
act entitled "An act regulating the labor of the inmates of the 
Indiana reformatory on state accounts, providing for the school- 
ing and training of the inmates, providing for trades schools, the 
utilization of the inmates' labor for state account and the dis- 
position of all articles made in such trades schools or on state 
account, providing that state institutions and political divisions 
of the state shall purchase certain articles from the management 
of the reformatory, and providing the necessary appropriation 
as well as certain other matters relating thereto, and providing 
penalties therefor," approved March 4, 1905, and all acts amenda- 
tory thereto, and the procedure prescribed in the aforesaid act 
shall, when not otherwise designated, be construed to apply in 
the purchase and sale of articles produced under the super- 
visions of the board of industrial aid for the blind. 

[p. 137, Acts 1915.] 
Indiana Soldiers' and Sailors' Orphans' Home — Admission. 

Section' 1. Be it enacted by the general assembly of the State of 
Indiana, That section one (1) of the above entitled act be amended 
to read as follows: Section 1. That section nine (9) be amended 
to read as follows: Section 9. The trustees and (under regula- 



139 

tions and a form of application which they shall prescribe) the 
superintendent is authorized and required to receive, as pupils 
into said home, orphans and children residing in this state, under 
the age of sixteen (16) years who may be destitute of the means 
of support and education in the following order. 

First: Orphan children of deceased Union soldiers or sailors 
in the army or navy of the United States in the late civil war, or 
in the war with Spain, or in the war in the Philippine islands or in 
the regular service of the United States, 'said orphans not having 
mothers living. If there be not applications for the admission of 
persons of this class sufficient to fill said home, then there shall be 
in like manner admitted: 

Second: Orphans, children of such deceased soldiers or 
sailors, said orphans having mothers living. If there be not ap- 
plications for the admission of persons of said two classes sufficient 
to fill said home then, in like manner, there shall be admitted : 

Third: Children of permanently disabled or indigent soldiers 
or sailors of said service residing in this state, or in national mili- 
tary homes, having been admitted thereto from this state. If 
there be not applications for the admission of persons of said 
three (3) classes sufficient to fill said home, then, in like manner, 
there shall be admitted : 

Fourth: All grandchildren of soldiers and sailors whose 
father or mother have died or have been committed to an asylum 
for the insane. All children admitted to said home as pupils 
thereof shall be supported and educated therein until they shall 
be sixteen (16) years of age, unless for good cause sooner dis- 
charged. Any of said pupils, who, by reason of physical disability 
or other cause may be, in the judgment of said board, unable to 
earn a livelihood, shall be retained as pupils of said home until 
they shall be eighteen (18) years of age. 

Soldiers and Sailors — Enumeration. 

Section 1. Be it enacted by the general asseynhly of the State of 
Indiana, That beginning with the year 1913, and every year 
thereafter, the school trustees of the several townships, towns and 
cities of this state, at the time when they take or cause to be taken, 
the enumeration of all unmarried persons between the ages of six 
(6) and twenty-one (21) years, resident within the respective town- 
ships, towns or cities, as provided for in the laws of this state, shall 
likewise be required to take or cause to be taken, by the same 



140 

person who takes such school enumeration, a supplementary 
enumeration of all persons living within such townships, who 
served in the army or navy of the United States during the 
Mexican war, the Civil war or the Spanish-American war, or who 
have served one or more enlistments in the United States army, 
the United States navy, or the national guards. In taking or 
causing to be taken such supplementary enumeration, the trustee 
or person so employed shall list the full names and ages of such 
soldiers and sailors, the company, regiment or battery in which 
they served, and the state from which they enlisted. Each person 
required or employed to take such enumeration shall take the 
same accurately and truly to the best of his skill and ability. 
(R. S. 1914, §10055 a.) 

Duplicate Lists — Filed with State Library. 

Sec. 2. Such supplementary enumeration lists shall be pre- 
pared in duplicate, on separate sheets or lists, which shall be pro- 
vided for that purpose. And when the enumeration of all such 
soldiers and sailors shall have been completed and when the 
duplicate enumeration lists herein provided for, shall have been 
prepared and authenticated, the township trustee of each and 
every township in this state shall deposit one (1) copy of such sup- 
plementary enumeration lists in the office of the clerk of the cir- 
cuit court of the county in which his township is situated, and he 
shall enclose such other list securely in an envelope and mail it to 
the state librarian of this state, and the lists so secured and ob- 
tained shall be classified and bound and deposited in the archives 
of the state library. (R. S. 1914, §10055 b.) 

Schools — Arbor Day — Fixing Date. 

Section 1. Be it enacted hy the general assembly of the State of 
Indiana, That for the purpose of encouraging the planting of 
shade and forest trees, shrubs and vines, the third Friday of 
April in each year is hereby designated as a day for general ob- 
servance and to be known as Arbor Day. (R. S. 1914, §7461 a.) 

Proclamation. 

Sec. 2. The governor shall make proclamation of said day in 
each year at] least thirty days prior thereto. (R. S. 1914, 
§7461 b.) 



141 



School Exercises. 



Sec. 3. Appropriate exercises shall be introduced in all the 
schools of the state; and it shall be the duty of the serveral coun- 
ty and city superintendents to prepare a program of exercises for 
that day to be observed in all the schools under their respective 
jurisdictions. The exercises on Arbor day shall give due honor to 
the conservors of forestry, and the founders of the study and con- 
servation of Indiana forestry. And especially to the leading spirit 
of Indiana forestry conservation, Charles Warren Fairbanks. 
(R. S. 1914, §7461 c.) 

Repeal. 

Sec. 4. All laws and parts of laws in conflict with the pro- 
visions of this act are hereby repealed. 

Legal Holiday — Discovery Day. 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That section one (1) of the above entitled act be and the 
same is hereby amended to read as follows: Section 1. The first 
day of the week, commonly called Sunday; the first day of 
January, commonly called New Year's day; the fourth day of 
July; the twenty-fifth day of December, commonly called Christ- 
mas day; any day appointed or recommended by the president of 
the United States or the governor of Indiana as a day of public 
fasting or thanksgiving; the twelfth day of February, commonly 
called Lincoln's birthday; the twenty-second day of February, 
commonly called Washington's birthday; the thirtieth day of 
May, commonly called memorial day; the first Monday of 
September, commonly called labor day; the twelfth day of 
October, commonly known as discovery day; and the day of any 
general, national or state election, shall be legal hohdays within 
the State of Indiana for all purposes. And when any of said holi- 
days (other than Sunday) comes on Sunday, the Monday next 
succeeding shall be the legal holiday. (R. S. 1914, §9086.) 

State Song — "On the Banks of the Wabash, Far Away." 

Section 1. Be it enacted by the general assembly of the State of 
Indiana, That the song entitled, "On the Banks of the Wabash, 
Far Away," words and music by Paul Dresser, be and is hereby 
estabHshed as the state song of Indiana. The form in which this 
song shall be sung as the state song of Indiana shall be as follows: 



142 

'Round my Indiana homestead wave the cornfields, 
In the distance loom the woodlands clear and cool, 
Often times my tho'ts revert to scenes of childhood, 
Where I first received my lessons — nature's school. 
But one thing there is missing in the picture, 
Without her face it seems so incomplete, 
I long to see my mother in the doorway. 
As she stood there years ago, her boy to greet. 

Chorus. 
Oh, the moonlight's fair tonight along the Wabash, 
From the fields there comes the breath of new-mown hay. 
Through the sycamores the candle lights are gleaming, 
On the banks of the Wabash, far away. 

Many years have passed since I strolled by the river. 

Arm in arm, with sweetheart Mary by my side, 

It was there I tried to tell her that I loved her, 

It was there I begged of her to be my bride. 

Long years have passed since I strolled thro' the churchyard, 

She's sleeping there, my angel, Mary dear, 

I loved her, but she thought I didn't mean it. 

Still I'd give my future were she only here. 

(R. S. 1914, §10135 a.) 

State Flower — Carnation. 

Be it Resolved, By the House of Representatives, the Senate 
concurring, That the carnation be and the same is hereby adopted 
as the state flower of the State of Indiana. (Note under R. S. 
1914, §10135 a.) 



143 

TEACHER'S CONTRACT. 

FOB TEACHERS CONTRACTING WITH SCHOOL CITIES. 



THIS AGREEMENT, made and entered into between the School City Corporation 

of in 

County, and State of Indiana, by 



the Board of School Trustees of said Corporation of the first part, and. 



a teacher who holds a license, issued 

191...., for months, by 

Superintendent; on which license h average scholarsMp is %, 

h last success grade is %, who was. present at all the sessions 

of the Co. Institute in 191 of the second 

part, certifies that the said teacher agrees to teach in the public schools of said School 
Corporation, in such building, grade, and room as the said Board of Trustees, or their 
Superintendent of Schools may designate, diu'ing the school year, beginning the 

day of .A. D. 191 , for the salary of 

Dollars per to be paid... 

(State when all or parts of salary will be paid.) 

Said 

further agrees, faithfully, zealously and impartially, to perform all the duties of such 
teacher, using only such textbooks as are prescribed by said Board or Superintendent, 
of said schools; that he will attend and participate in the exercises of each Institute 
or other Teachers' Meetings that may be appointed for the Teachers of said School 
City, or for each day's absence therefrom, forfeit a sum equal to one day's wages; 

that ... he will accurately keep and use all registers and blanks placed in 

hands by said Board, or the Superintendent of said schools; that ...he will make a com- 
plete and accurate report at the close of the school term, the blank for which is pro- 
vided on the back of this sheet; that ...he will make all other reports required by said 
Board, Superintendent or School Law; that ..he will exercise dtie dihgence in the 
perservation of the school buildings, groimds, furniture, books, maps and other school 

property committed to h care, and turn same over to said Board at the close of 

said school, in as good condition as when received, damage and wear by use excepted; 
and that he will conform to the rules and regulations of said Board, and Superin- 
tendent, and faithfully and impartially enforce them among the pupils. 

Said School Corporation, by said School Board, agrees to keep the school buildings 
in good repair and furnish the necessary fuel, furnitiu-e, books, maps, blanks and such 
other appliances as may be necessary for the successful teacliing of the branches in 
said school. 

And said School Corporation, by said School Board, further agrees to pay said 

for services as teacher of said school, said salary of 

Dollars per as above agreed upon. 

The said School Corporation, by said School Board, further agrees to pay said 
teacher one day's wages for each day's attendance at Institute or other Teachers' 
Meetings, according to the Acts of 1915. 

Provided, That in case said teacher shall be discharged from said school by said 
Board, for incompetency, cruelty, gross immorality, neglect of business, or a violation 

of any of the stipulations of this Contract, or in case h license shoidd be revoked 

by the County Superintendent he shall not be entitled to any compensation after 

notice of dismissal or annulment of license. 



Provided Further, That the teacher shall have a duplicate copy of this contract. 

In Witness Whereof, We have hereunto subscribed our names, this 

day of A. D. 191 

President 

Secretary 

Treasurer 

Board of School Trustees. 

Teacher 

NOTES: — 1. A legal contract for teaching a pubUc school cannot be made between 
a school board and a person who does not hold a valid license. 

2. Full authority is given school boards to substitute the words "principal," 

"supervisor" or "superintendent" wherever the word "teacher" 
appears in the contract, when the contract should be so drawn. 

3. This contract is the official form as made under the provisions of Section 

6595 Burns' R. S., 1914. 



144 



TEACHER'S CONTRACT. 

FOR TEACHERS CONTRACTING WITH SCHOOL TOWNSHIPS. 



THIS AGREEMENT, Between ..School 

Trustee of School TownsWp, in 

County, and State of Indiana, of the first part, and 

a teacher who holds a license, issued 

191 , for months by Superintendent; 

on which license h average schola ship is %, h last success 

grade is %; who was present at all the sessions of the 

County Institute in 191 of the 

second part, certifies that the said teacher agrees to teach in the public schools of said 
Township, in such building, grade, and room as said Ti'ustee may designate, for the term 

commencing on the day of A. D. 191.... 

for the consideration of Dollars and cents 

per day , to be paid 

(State here when all parts of the salary will be paid.) 

The said further agrees 

faithfully to perform all the duties of teacher in said school: using only such te.\tbooks 
as are prescribed by the Trustees in accordance with the law. except supplementary 
reading, such as Young Peoples' Reading Circle Books, etc., and other works, recom- 
mended by the County Superintendent, and observing all Rules and Regulations of the 
County Board of Education, and all the instructions of the County Superintendent of 
Schools: that he will attend and participate in the exercises of each Institute or 
other Teachers' Meetings that may be appointed for the Teachers of said Township, or 

for each day's absence therefrom, forfeit a sum equal to one d'ay's wages, that he 

will accurately keep and use all registers and blanks placed in hands by 

said 'Trustee: that he will fnake a complete and accurate report at the close of the 

school term, the blank for wliich is provided on the back of this sheet: that ......he wiP 

make all other reports required of by said Trustee, the County 

Supei'intendent, or the Laws of Indiana, at the proper time and manner, and in good 

order: that he will exercise due diligence in the perservation of school buildings, 

grounds, furniture, apparatus, books, blanks, and other school property committed 

to care, and turn the same over to the Trustee, or liis representative, at 

the close of the term of school, in as good condition as when received, damage by 
wear and use excepted, accompanied by an exact inventory of all supplies and apparatus 
on hands, a description of the condition of the same, and a recommended list of ntaterials 
to be purchased for next school year. 

The said School Trustee agrees to keep the school buildings in good repair, to furnish 
the necessary fuel, furniture, apparatus, books and blanks, and such other appliances 
as may be necessary for the systematic and proper conduct of said school, and to pro- 
vide such janitor help as may be necessary to properly care for said school and its 
premises. 

And the said School Trustee, for and'in behalf of said Township, further agrees to 

pay the said for services as teacher of 

said school, either a sum equal to the whole number of days taught, at the rate of the 
above-named sum per day, as agreed upon, or the salary for the year in the event of 
a yearly consideration, as agreed upon, when the said teacher shall have filled all the 
stipulations of this contract. 

The said School Triistee further agrees to pay said teacher one day's wages for each 
day's attendance at the TownsMp Institute, according to the Acts of 1915. 

Provided. That in case the said should be 

dismissed from said school by said Trustee, or his successor in office, for incompetency, 
cruelty, gross immorality, neglect of business, or a violation of any of the stipulations 

of this contract, or in case license should be revoked by the County 

Superintendent, he shall not be entitled to any compensation after notice of dis- 
missal, or notice of annulment of license. 

Provided Further, That the teacher shall have a duplicate of tills contract. 

In Witness Whereof, We have hereunto subscribed our names, this 

day of A. D. 191 

^ Teacher 

School Trustee 

NOTES; — 1. A valid contract for teaching a public school cannot be made by a 
Trustee with anyone unless he holds a valid license, either County 
or State. 

2. Full authority is given the Trustee to substitute the word "principal," 

for the word "teacher," in the event the contract should be so made. 

3. This contract form is the official blank, made by the State Super- 

intendent of Pubhc Instruction, under Sec. 6595, Burns' R. S.,1914. 



